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), …
How Much Value Was Destroyed by the Lehman Bankruptcy?
The Federal Reserve Bank of New York’s Liberty Street Economics Blog has run a series of five posts seeking to estimate the total …
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Courts As Institutional Reformers: Bankruptcy and Public Law Litigation
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, …