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 …
Secured Creditor’s “Net Economic Damages” Estimate of Disputed Claims “Plainly Insufficient” to Establish Collateral Value
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
Where Past is Prologue: Applying Lessons from the Past to Protect ABL Lenders in a World of Future Distress
By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
Want to Take Control of Professional Fees in Large Chapter 11 Bankruptcy Cases? Talking with Your Client’s General Counsel is a Good First Step
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Bankruptcy Venue Reform
By Nicholas Cordova (Harvard Law School) Although the Boy Scouts of America (BSA) is headquartered in Texas, it filed for …
COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
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Bankruptcy and Aircraft Finance
By Franklin H. Top III, Stephen R. Tetro, Richard F. Klein, James M. Heiser (Chapman and Cutler LLP) Hundreds of billions …
Bankruptcy’s Role in the COVID-19 Crisis
By Edward R. Morrison and Andrea C. Saavedra (Columbia Law School) Current COVID-19 policies treat bankruptcy law as a last …
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