Kathleen G. Noonan (University of Pennsylvania), Jonathan C. Lipson (Temple University—Beasley School of Law), and William H. …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes
By Benjamin Charles Iverson (Brigham Young University), Joshua Madsen (University of Minnesota, Twin Cities, Carlson School of …
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Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?
By Megan McDermott (Lecturer, University of Wisconsin School of Law). The late Justice Scalia is best known among mainstream …
Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
Fiduciary Duties in Bankruptcy and Insolvency
By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
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Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs. Liquidation
By Samuel Antill and Steven R. Grenadier (Stanford Graduate School of Business) In this work, we develop and solve a …
Equitable Mootness Doctrine Persists in Bankruptcy Appeals
By Shana A. Elberg, Amy Van Gelder, and Jason M. Liberi (Skadden, Arps, Slate, Meagher & Flom LLP) In recent years, some …
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Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …
Through Jevic’s Mirror: Orders, Fees, and Settlements
By Nicholas L. Georgakopoulos (McKinney School of Law, Indiana University) This article takes the United States Supreme Court’s …
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Post-Jevic, Expansive Interpretation by Bankruptcy Courts Possible
By Andrew C. Kassner and Joseph N. Argentina, Jr. (Drinker Biddle & Reath LLP) In Czyzewski v. Jevic Holding Corp., 137 S. …
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Jevic: Law Firm Perspectives
On March 22, the Supreme Court decided Czyzewski v. Jevic Holding Corp., holding that bankruptcy courts may not approve structured …
Bankruptcy Jurisdiction Over Foreign Entities: Exorbitant or Congruent?
By Adrian Walters (Chicago-Kent College of Law, Illinois Institute of Technology) As Oscar Couwenberg and Stephen Lubben have …
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United States: In GM, Second Circuit Takes a Wrong Turn on Its Treatment of Unknown Claims
By Debra A. Dandeneau (Baker & McKenzie) Elliott v. General Motors LLC (In re Motors Liquidation Co.), 829 F.3d 135 (2d Cir. …
Three Ages of Bankruptcy
By Mark J. Roe (Harvard Law School) During the past century, three decisionmaking systems have arisen to accomplish a bankruptcy …
Bankruptcy and the U.S. Supreme Court
By Ronald J. Mann (Columbia Law School) The continuing struggle of the United States to emerge from the Great Recession gives …
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Bankruptcy’s Endowment Effect
By Anthony J. Casey (University of Chicago Law School) The notion of endowments and entitlements has a powerful effect on …
The Dubai World Tribunal and the Global Insolvency Crisis
By Jayanth Krishnan (Indiana—Bloomington) In 2009, as markets from the United States to Europe to the Global South shook, one …
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Priority Matters
By Douglas G. Baird, University of Chicago Law School Chapter 11 of the Bankruptcy Code is organized around the absolute priority …