By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
Continue Reading about The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
Continue Reading about The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Sacha Luerken (Kirkland & Ellis) Germany’s insolvency law has only in very few cases - around 1% of filings - been used …
Continue Reading about Germany Poised for Big Step Towards Corporate Restructuring Best Practice
By Rahul D. Vashi, Anna G. Rotman, Chris Heasley, Shubi Arora, Kenneth A. Young, Fraser F. Wayne, and John C. Elkins (Kirkland …
By Shana A. Elberg, Christine A. Okike, & Jennifer Permesly (Skadden) The economic hardships brought about by the …
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
Continue Reading about Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
Continue Reading about Update on Corporate Bankruptcy Tax Refund Litigation
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
Continue Reading about Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
By Michael Ohlrogge (New York University School of Law) In 2009, the Seventh Circuit ruled in U.S. v. Apex Oil that certain …
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
Continue Reading about Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
By Jared A. Ellias (University of California Hastings College of the Law), George Triantis (Stanford Law School) During the …
Continue Reading about Congress is ignoring the best solution for troubled companies: bankruptcy
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
Continue Reading about COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Taylor Custer (Harvard Law School) The United States’ response to COVID-19 has led to record levels of unemployment and a …
Continue Reading about COVID-19 and the Bankruptcy Court Workload
By Ben Iverson (Brigham Young University), Mark Roe (Harvard Law School) The COVID-19 pandemic looks likely to cause a surge …
Continue Reading about Planning for an American Bankruptcy Epidemic
By Franklin H. Top III, Stephen R. Tetro, Richard F. Klein, James M. Heiser (Chapman and Cutler LLP) Hundreds of billions …
By Scott K. Charles, Amy R. Wolf, Michael H. Cassel (Wachtell) This memorandum addresses one of the impacts of COVID-19 on …
Continue Reading about COVID-19 Impacts on Landlords of Retail Debtors
By Thomas J. Salerno, Gerald Weidner, Christopher Simpson, and Susan Ebner, (Stinson …
Continue Reading about This DIP Loan Brought to You by Someone Who CARES!