By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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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 …
Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
By Edward J. Janger (Professor, Brooklyn Law School) and Stephan Madaus (Professor, Martin-Luther-University …
The Development of Collateral Stripping by Distressed Borrowers
By Mitchell Mengden (Law Clerk, Delaware Court of Chancery) In the past decade, private equity sponsors have taken a more …
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The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
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Regulating Bankruptcy Bonuses and Protecting Workers in the Age of COVID-19
By Jessica Ljustina (Harvard Law School) Since March, executives of 18 large companies received over $135 million total in …
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Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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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 …
Updated Overview of the Jevic Files: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins) The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. …
The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins). The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 …
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 …
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 …
Jevic: SCOTUS Holds That Priority Rules Apply in Structured Dismissals
By Jonathan C. Lipson (Temple University-Beasley School of Law) and Melissa B. Jacoby (University of North Carolina – Chapel Hill …
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Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates
By Bruce A. Markell (Northwestern University Law School) Cramdown is the confirmation of a plan of reorganization over the dissent …
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Beyond Options
By Anthony J. Casey (University of Chicago Law School) and Edward R. Morrison (Columbia Law School) Scholars and policymakers now …
Supreme Court to Hear Arguments in Jevic on November 28
The Supreme Court is scheduled to hear oral arguments in Czyzewski v. Jevic Holding Corp. on November 28. In this week's posts, …
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