By Anthony J. Casey (University of Chicago Law School) The notion of endowments and entitlements has a powerful effect on …
Second Circuit Rules on § 316(b) in Marblegate
Last week, the Second Circuit decided Marblegate Asset Management, LLC v. Education Management Corp., holding that § 316(b) of the …
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The Future of UK Debt Restructuring
By Jennifer Payne (University of Oxford - Faculty of Law) In the UK, a number of different mechanisms exist which can be used to …
The Sun Is Setting: Is It Time to Legislate Pre-Packs?
By John Wood (Lancashire Law School, University of Central Lancashire) In the UK, pre-packaged administrations (“pre-packs”), …
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Recharacterization of Debt as Equity in the Fourth Circuit
By Gabrielle Glemann (Hughes Hubbard & Reed) In an unpublished opinion in August, In re Province Grande Old Liberty, LLC, Case …
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Beyond Options
By Anthony J. Casey (University of Chicago Law School) and Edward R. Morrison (Columbia Law School) Scholars and policymakers now …
Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
Federal District Court Reinstates Fraudulent Transfer Challenge to Lyondell LBO
By Richard G. Mason, David A. Katz, and Emil A. Kleinhaus (Wachtell, Lipton, Rosen & Katz) In situations where leveraged …
Awaiting the Second Circuit’s Decision in Marblegate
We anxiously await the Second Circuit's decision in Marblegate, which was argued earlier this year. John Bessonette of Kramer …
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Too Big and Unable to Fail
By Stephen J. Lubben (Seton Hall University School of Law) and Arthur E. Wilmarth, Jr. (George Washington University Law …
Falling Cities and the Red Queen Phenomenon
By Samir D. Parikh (Lewis and Clark Law School) and Zhaochen He (Lewis and Clark College) Cities and counties are failing. …
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Municipal Borrowing Costs and State Policies for Distressed Municipalities
By Pengjie Gao (University of Notre Dame), Chang Lee (University of Illinois at Chicago), and Dermot Murphy (University of …
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The Dubai World Tribunal and the Global Insolvency Crisis
By Jayanth Krishnan (Indiana—Bloomington) In 2009, as markets from the United States to Europe to the Global South shook, one …
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FTI Roundup
The Seventh Circuit held last July in FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), …
Do Economic Conditions Drive DIP Lending?: Evidence from the Financial Crisis
By Colleen Honigsberg (Stanford Law School) and Frederick Tung (Boston University School of Law) For many firms, obtaining …
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Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Restructuring Sovereign Debt after NML v. Argentina
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton) and Mitu Gulati (Duke University School of Law) The decade and a …
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Bankruptcy on the Side
By Kenneth Ayotte (University of California - Berkeley School of Law), Anthony J. Casey (University of Chicago Law School), David …
Supreme Court to Hear Arguments in Jevic on November 28
The Supreme Court is scheduled to hear oral arguments in Czyzewski v. Jevic Holding Corp. on November 28. In this week's posts, …
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