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 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!
By Shmuel Vasser and Cara Kaplan (Dechert) The Third Circuit, applying the Supreme Court’s decision in Stern v. Marshall, …
By Sara L. Chenetz and Tina N. Moss (Perkins Coie) Reward Science and Technology Industry Group Co., Ltd. (“Reward”) joins a …
Continue Reading about Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts
By Samuel Antill (Stanford Graduate School of Business) In Chapter 11 bankruptcies, a court-supervised negotiation among …
Continue Reading about Do the Right Firms Survive Bankruptcy?
By Robert Hockett (Cornell Law School) The Blackjewel Coal bankruptcy of summer 2019 exposed critical weaknesses in our …
Continue Reading about The Employee Rights in Employer Bankruptcy Act
By David Skeel (University of Pennsylvania Law School) On June 30, 2016, Congress passed the Puerto Rico Oversight, Management …
Continue Reading about Notes from the Puerto Rico Oversight (Not Control) Board
Vasile Rotaru (Droit & Croissance / The Rules for Growth Institute) From a functional law and economics perspective, the …
Ramin Baghai (Stockholm School of Economics), Rui Silva (London Business School), Luofu Ye (London Business School) Corporate …
By Horst Eidenmüller (University of Oxford; European Corporate Governance Institute - ECGI) In a recent paper, I discuss the rise …