By Billy Organek (Zicklin School of Business, Baruch College, Harvard Law School Bankruptcy Roundtable) and Nizan Packin (Zicklin …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Recent Developments in Bankruptcy Law, April 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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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, …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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Mandatory Contractual Stay Requirements for Qualified Financial Contracts
By Erika D. White and Donald S. Bernstein of Davis Polk & Wardwell LLP. The U.S. banking agencies have issued rules that …
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FTI Argument Analysis: Justices Dubious About Limiting Bankruptcy Court’s Right to Recover Fraudulently Transferred Assets
By Ronald Mann. Published by SCOTUSblog and re-posted with permission. Perhaps a week with only two cases on the argument …
Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided
By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …
Repo Regret?
By Rohan Ganduri (Goizueta Business School, Emory University) In April 2005 Congress expanded the range of bankruptcy …
Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an Effective Restructuring of a Failing Financial Institution?
By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of …
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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The Value of Insolvency Safe Harbors
By Philipp Paech (London School of Economics) “Safe harbor” privileges in insolvency are typically afforded to financial …
Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Did Bankruptcy Reform Contribute to the Rise in Structured Finance?
By Kandarp Srinivasan Financial contracts such as repurchase agreements (“repos”) have effective “super-priority” in a bankruptcy …
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Tribune Fraudulent Conveyance Litigation Roundup
Recently, in In re Tribune Co. Fraudulent Conveyance Litig., 2016 WL 1226871 (March 29, 2016), the Second Circuit held that 11 …
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House Judiciary Committee Approves Bill to Amend Chapter 11 for Financial Institution Bankruptcies
On February 11, 2016, the House of Representatives Judiciary Committee approved H.R. 2947—the Financial Institution Bankruptcy Act …
Bankruptcy Code With No Repo Safe Harbor — An Evaluation
By Jeffrey Murphy and Lee Smith of Dentons The ABI Reform Commission recommended that the safe harbors under Section 555 and 559 …
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