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)
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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COVID-19 Impacts on Landlords of Retail Debtors
By Scott K. Charles, Amy R. Wolf, Michael H. Cassel (Wachtell) This memorandum addresses one of the impacts of COVID-19 on …
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Coronavirus Aid, Relief, and Economic Security Act Expands the Scope of the Small Business Reorganization Act
By Jessica Ljustina (Harvard Law School) Congress passed the Small Business Reorganization Act of 2019 (“SBRA”) to streamline …
Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?
By Shmuel Vasser and Cara Kaplan (Dechert) The Third Circuit, applying the Supreme Court’s decision in Stern v. Marshall, …
Inequitable Subordination: Distressing Distressed Claims Purchasers by Propagating Subordination Benefit Elimination Theory
By Jay Rao (University of California, Berkeley, School of Law) This Article examines the application of equitable subordination …
Chapter 11 Plan Distributions Are Not Collateral Covered by Intercreditor Agreement’s Waterfall Provision
By Brad B. Erens and Mark G. Douglas (Jones Day) In In re Energy Future Holdings Corp., 773 Fed. Appx. 89, 2019 WL 2535700 …
Same Class, Different Recoveries — No Bar to Plan Confirmation
By Francis J. Lawall and John Henry Schanne II (Pepper Hamilton LLP) In Ad Hoc Committee of Non-Consenting Creditors v. Peabody …
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Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School) What good can a corporate bankruptcy regime do in the …
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Bankruptcy Sales: Is A Public Auction Required to Assure That Property Is Sold for The Highest and Best Price?
By Vicki R. Harding (Vicki R. Harding, PLLC) A buyer negotiating acquisition of commercial real estate from a Chapter 7 trustee …
What’s Wrong with Chapter 11?
By Charles J. Tabb (University of Illinois College of Law) The time has come to cast a discerning eye at chapter 11, the United …
Consumer Response to Chapter 11 Bankruptcy: Negative Demand Spillover to Competitors
By O. Cem Ozturk (Georgia Institute of Technology - Scheller College of Business), Pradeep K. Chintagunta (University of Chicago), …