By Mark A. Cody and Mark G. Douglas (Jones Day). In a highly anticipated decision, the U.S. Court of Appeals for the Fifth …
Secured Credit and Effective Entity Priority
By Christopher W. Frost (University of Kentucky - College of Law) The historical and doctrinal development of secured transactions …
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Creditor Governance
By William R. McCumber (College of Business, Louisiana Tech University) and Tomas Jandik (Sam M. Walton College of Business, …
A Cautionary Tale for Claims Traders and Other Contract Counterparties
By David Griffiths and Leonard Yoo (Weil, Gotshal & Manges LLP). During a negotiation over a sale of claims, when parties …
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Junior Creditors Could Share In 363 Bankruptcy Sales
By Charles Tabb and Tamar Dolcourt (Foley & Lardner LLP). In July, the Seventh Circuit Court of Appeals issued a decision …
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A New Approach to Executory Contracts
By John A. E. Pottow (University of Michigan Law School) Few bankruptcy topics have bedeviled courts—and busied commentators—as …
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The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims?
By Charles W. Azano (Mintz Levin). Jurisprudence varies on whether bankruptcy courts have the power to consolidate a bankruptcy …
The Ninth Circuit Affirms Creditors’ Ability to Block ‘Cramdown’ by Purchasing Claims
By George P. Angelich and Annie Y. Stoops (Arent Fox). The Ninth Circuit affirmed the creditor’s ability to block “cramdown” by …
Bankruptcy Claims Trading
By Jared A. Ellias (University of California, Hastings) Over the past twenty years, a robust secondary market has emerged in the …
Three Provocative Business Bankruptcy Decisions of 2018
By Michael L. Cook (Schulte, Roth & Zabel LLP). The appellate courts have issued at least three provocative, if not …
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Repo Markets Across the Atlantic: Similar but Unalike
By Songjiwen Wu (University of Heidelberg) and Hossein Nabilou (Universite du Luxembourg - Faculty of Law, Economics and …
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Bankruptcy Law as a Balancing System – Lessons from a Comparative Analysis of the Interaction Between Labor and Bankruptcy Laws
By Omer Kimhi (Haifa University Faculty of Law) and Arno Doebert (Independent) The rehabilitation of distressed corporations often …
Valuation Disputes in Corporate Bankruptcy
Kenneth Ayotte (U.C. Berkeley School of Law); Edward R. Morrison (Columbia Law School) In bankruptcy, valuation drives disputes. …
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The Effect of Creditor Rights on Capital Structure, Investment, Profitability, and Risk: Evidence from a Natural Experiment
By Aras Canipek (University of Konstanz), Axel Kind (University of Konstanz; University of Basel; University of St. Gallen), and …
Beyond Common Equity: The Influence of Secondary Capital on Bank Insolvency Risk
By Thomas Conlon (University College Dublin), John Cotter (University College Dublin; UCLA Anderson School of Management); Philip …
Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
by Charles M. Oellermann and Mark G. Douglas (Jones Day). The ability to avoid fraudulent or preferential transfers is a …
Loan to Bond Substitution: An Empirical Analysis on the Functioning of the Substitution Channel for Eurozone Firms
By Francesco Ruggiero (University of Naples Federico II) This paper contributes to the literature by enhancing the understanding …
Optimal Deterrence and the Preference Gap
By Brook Gotberg (University of Missouri School of Law) It is generally understood that the way to discourage particular behavior …
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The Changing Landscape of Consensual Third-Party Releases in Chapter 11 Plans: Does Silence = Consent?
By Kathrine A. McLendon and Lily Picón (Simpson Thacher & Bartlett LLP) There has been increasing focus on what evidences …