By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
Mandatory Disclosure in Corporate Debt Restructuring via Schemes of Arrangement: A Comparative Approach
By Casey Watters (Bond University) and Wai Yee Wan (City University of Hong Kong) Creditors often face significant …
Loan Forgiveness as Basis for Fraudulent Transfer Claims
By Jeffrey Cohen, Michael A. Kaplan, and Colleen M. Maker (Lowenstein Sandler) In Loan Forgiveness as Basis for Fraudulent …
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Chapter 11’s Descent into Lawlessness
By Lynn M. LoPucki (Security Pacific Bank Distinguished Professor of Law, UCLA School of Law) The bankruptcy courts that …
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Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
By Nicholas A. Koffroth (Fox Rothschild) In Insys Liquidation Trust v. MeKesson Corporation (In re Insys Therapeutics, Inc.), …
Courts in Puerto Rico Case Adopts Alternative Test to Find Settlement Agreements Were Executory
By John Beck and Jennifer Lee (Hogan Lovells) A debtor can elect to either assume or reject an executory contract under …
Voting Rights Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
Structuring and Practice for Aircraft Leases to Prevent Lease Payments from Being Clawed Back in a Lessee Bankruptcy
By Stewart B. Herman (Katten) and Timothy J. Lynes (Katten) In King v. Bombardier Aerospace Corporation et al., the trustee …
What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …
The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
By Ronit J. Berkovich (Weil) In a recent decision, In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. 2021) …
Government Activism in Bankruptcy
By Jared A. Ellias (Bion M. Gregory Chair in Business Law and Professor of Law, UC Hastings College of Law) and George Triantis …
Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
By Jordan Neyland (Assistant Professor of Law, Antonin Scalia Law School at George Mason University) and Kathryn St. John (Legal …
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Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
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The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
The Development of Collateral Stripping by Distressed Borrowers
By Mitchell Mengden (Law Clerk, Delaware Court of Chancery) In the past decade, private equity sponsors have taken a more …
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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 …
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Lawyer Networks and Corporate Bankruptcies
By Vidhan K. Goyal (Hong Kong University of Science and Technology), Joshua Madsen (Carlson School of Management, University of …
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Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …