By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
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Does Global Insolvency Law Affect Cross-border Capital Flows?
By Professor Yeejin Jang (School of Banking and Finance, University of New South Wales, Sydney), Jenny Jihyun Tak (School of …
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Corporate Transparency Act: Are Bankruptcy Trustees and Court Appointed Receivers Obligated to File Beneficial Ownership Information Reports with FINCEN on Behalf of Debtor Entities?
By Mark Wisniewski* (Berger Singerman) The Corporate Transparency Act (CTA) requires both domestic and foreign reporting …
Equity for Intermediaries: The Resolution of Financial Firms in Bankruptcy and Bank Resolution
By Professor Edward J. Janger (Brooklyn Law School) Professor Edward J. Janger This Essay considers the role of bankruptcy …
Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
By Timothy Q. Karcher, David M. Hillman, Vincent Indelicato, and Charles A. Dale (Proskauer Rose LLP) There is a growing …
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Changes to Confirmed “Toggle” Chapter 11 Plan Required No Additional Disclosure and Voting Where Creditors’ Rights Not Materially and Adversely Affected
By Mark A. Cody (Jones Day) This article was originally published in Practical Guidance. The views and opinions set forth …
Pledged Equity Proxy Rights and the Rise of the Board Flip
By David N. Griffiths and Alexander P. Cohen (Weil, Gotshal & Manges) Summary 1. Sponsors should be aware of recent …
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FTX’d: Conflicting Public and Private Interests in Chapter 11
By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
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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 …
Predicting Bankruptcy: Ask the Employees
By Professor John Knopf (University of Connecticut School of Business) and Professor Kristina Lalova (Michigan State University - …
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The Administrative State in Bankruptcy
By Professor Jared Ellias (Harvard Law School) and Professor George Triantis (Stanford Law School) Bankruptcy is becoming …
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An Introduction to the Unique Issues in Bank Holding Company Bankruptcies
By Justin Winerman, James Mazza, Van Durrer, Ron Meisler, and Shana Elberg (Skadden, Arps, Slate, Meagher & Flom LLP) In …
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Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
[Crypto-Bankruptcy Series] The Treatment of Cryptocurrency Assets in Bankruptcy
By Steven O. Weise, Wai L. Choy, and Vincent Indelicato (Proskauer Rose LLP) Note: This post is the fifth post in a series …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
S.D.N.Y. Judge Holds Bankruptcy Code Prohibits Board-Appointed Officers from Receiving Payments Under a KERP
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …
The Evolution of Corporate Rescue in Canada and the United States
By Jassmine Girgis (University of Calgary, Faculty of Law) This chapter explores the evolution of corporate rescue in both …
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Restructuring Sovereign Debt and Rebuilding a National Economy for a Failing State: The Case of Venezuela
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Venezuela is facing a veritable perform storm: a …
Restructurings in Emerging Economies One Year into the COVID-19 Pandemic
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) A new article entitled “The COVID-19 Pandemic …
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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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