By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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Bankruptcy’s Turn to Market Value
By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step: The Code Says it’s a Transfer
By Mark Roe and William Organek (Harvard Law School) Note: This is the seventh in a series of posts on the Texas Two-Step, the …
Estimating the Need for Additional Bankruptcy Judges in Light of the COVID-19 Pandemic
By Benjamin Iverson (BYU Marriott School of Business), Jared A. Ellias (University of California, Hastings College of the Law), …
Planning for an American Bankruptcy Epidemic
By Ben Iverson (Brigham Young University), Mark Roe (Harvard Law School) The COVID-19 pandemic looks likely to cause a surge …
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Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed Chapter 14
On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in …
Don’t Bank on Bankruptcy for Banks
By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace …
Roundup: Recent Op-Eds on Bankruptcy for Banks
The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE …
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Financial Scholars Submit Letter to Congress Opposing Repeal of Title II
On May 23, bankruptcy and financial scholars submitted a letter to members of Congress opposing the Financial CHOICE Act’s …
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Three Ages of Bankruptcy
By Mark J. Roe (Harvard Law School) During the past century, three decisionmaking systems have arisen to accomplish a bankruptcy …
The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table
By Mark J. Roe, Harvard Law School The Trust Indenture Act’s ban on restructuring payment terms via a vote has come to the fore …
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Editor’s Note: Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain, by Mark Roe and Fred Tung, was …
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Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …
Fixing the Trust Indenture Act to Allow Restructuring Votes
By Mark J. Roe, Harvard Law School The Trust Indenture Act of 1939 bars binding bondholder votes on core payment terms. The …
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Rolling Back the Repo Safe Harbors
Authors: Edward R. Morrison, Mark J. Roe, and Hon. Christopher S. Sontchi Recent decades have seen substantial expansion in …
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Post by Frederick Tung, Professor at Boston University School of Law In “Breaking Bankruptcy Priority: How Rent-Seeking Upends …
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Practitioners, Academics, and a Judge Testify about Safe Harbors before Congress
Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …