By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
Continue Reading about Insider Status and U.S. Bank v. Village at Lakeridge
Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a “Per-Plan” Rather Than a “Per Debtor” Basis
By James L. Bromley, Lisa M. Schweitzer, Sean A. O'Neal, Luka A. Barefoot, and Daniel K. Soltman (Cleary Gottlieb). On January …
Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
By Jane Rue Wittstein and Mark G. Douglas (Jones Day) Courts disagree as to whether the amount that a bankruptcy trustee or …
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins). The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 …
Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?
By Megan McDermott (Lecturer, University of Wisconsin School of Law). The late Justice Scalia is best known among mainstream …
Third Circuit Dismisses Crystallex’s Fraudulent Transfer Claim But Potential Liability Remains for PDVSA
By Richard J. Cooper and Boaz S. Morag (Cleary Gottlieb Steen & Hamilton, LLP). On January 3, 2018, the United States Court …
The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
By Todd E. Phillips, Kevin C. Mackley and Sally J. Sullivan (Caplin & Drysdale). In September, the First Circuit Court of …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
Continue Reading about Merit Management v. FTI: Law Firm Perspectives
First Circuit Holds That Trademark Licensee Loses Right to Use Trademarks When Debtor-Licensor Rejects License
By Brian S. Hermann, Alan W. Kornberg, and Erica G. Weinberger (Paul, Weiss, Rifkind, Wharton & Garrison LLP). Last month, the …
Recent Developments in Bankruptcy Law, February 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
Continue Reading about Recent Developments in Bankruptcy Law, February 2018
The Janus Faces of Reorganization Law
By Vincent S. J. Buccola (University of Pennsylvania - The Wharton School - Legal Studies & Business Ethics …
Continue Reading about The Janus Faces of Reorganization Law
Secured Transactions and Financial Stability: Regulatory Challenges
By Steven L. Schwarcz (Duke University School of Law) Secured transactions traditionally are regulated to protect transacting …
Continue Reading about Secured Transactions and Financial Stability: Regulatory Challenges
Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
By Charles M. Oellermann and Mark G. Douglas (Jones Day) Many chapter 11 plans include nonconsensual third-party releases that …
Proposed Bill: Bankruptcy Venue Reform Act of 2018
Earlier this month, Senators John Cornyn, R-TX, and Elizabeth Warren, D-MA, introduced the Bankruptcy Venue Reform Act of 2018. …
Continue Reading about Proposed Bill: Bankruptcy Venue Reform Act of 2018
Mandatory Contractual Stay Requirements for Qualified Financial Contracts
By Erika D. White and Donald S. Bernstein of Davis Polk & Wardwell LLP. The U.S. banking agencies have issued rules that …
Continue Reading about Mandatory Contractual Stay Requirements for Qualified Financial Contracts
How to Restructure Venezuelan Debt
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). There is a …
Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). Probably the …
Debt Priority Structure, Market Discipline and Bank Conduct
By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
Continue Reading about Debt Priority Structure, Market Discipline and Bank Conduct
Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
Fiduciary Duties in Bankruptcy and Insolvency
By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
Continue Reading about Fiduciary Duties in Bankruptcy and Insolvency