By Professor Jing-Zhi Huang, Professor Stefan Lewellen, and Professor Zhe Wang (Pennsylvania State University) Bankruptcy is …
The Law and Economics of Investing in Bankruptcy in the United States
By Jared A. Ellias (University of California Hastings College of the Law) When commentators describe American bankruptcy law as …
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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 …
A Cautionary Tale for Claims Traders and Other Contract Counterparties
By David Griffiths and Leonard Yoo (Weil, Gotshal & Manges LLP). During a negotiation over a sale of claims, when parties …
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The Ninth Circuit Affirms Creditors’ Ability to Block ‘Cramdown’ by Purchasing Claims
By George P. Angelich and Annie Y. Stoops (Arent Fox). The Ninth Circuit affirmed the creditor’s ability to block “cramdown” by …
Bankruptcy Claims Trading
By Jared A. Ellias (University of California, Hastings) Over the past twenty years, a robust secondary market has emerged in the …
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 …
WSJ Examiners – Claims Trading
Does claims trading impede chapter 11 reorganizations? And, if so, would disclosure of additional information about traded claims …
Buyer Beware: Courts Put Claims Trades Under a Microscope
By Rick Antonoff, Mark Pesso, Timothy Bennett and Leah Edelboim, Clifford Chance US LLP Recent decisions on claims trading in …
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The Ownership and Trading of Debt Claims in Chapter 11 Restructurings
By Victoria Ivashina, Ben Iverson, and David C. Smith The role that active investors play in Chapter 11 reorganization is hotly …
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A Recent Decision in the Fisker Case Brings New Life to the Credit Bidding Debate
Author: Nelly Almeida, Weil Gotshal & Manges LLP On January 10, 2014, the United States Bankruptcy Court for the District of …