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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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 …
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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Bankruptcy and the U.S. Supreme Court
By Ronald J. Mann (Columbia Law School) The continuing struggle of the United States to emerge from the Great Recession gives …
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Supreme Court Permits Bankruptcy Courts to Issue Final Judgments with Parties’ Consent
By Harold S. Novikoff, Douglas K. Mayer, Ian Boczko, Emil A. Kleinhaus, and Alexander B. Lees of Wachtell, Lipton, Rosen & …
Mind the Gap: Supreme Court Partially Resolves Procedural Uncertainty Created by Stern v. Marshall
By Paul Hessler, Aaron Javian, and Robert Trust, Linklaters LLP On June 9, 2014, in a highly anticipated decision Executive …
Reports of Equity’s Death Have Been Greatly Exaggerated
By Adam J. Levitin, Georgetown University Law Center Mark Berman is very kind to take notice of my article in his recent analysis …
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‘Wither’ the Equity Powers of the Bankruptcy Court
Author: Mark N. Berman, Nixon Peabody LLP The United States Supreme Court’s Law v. Siegel decision has been explained away as an …
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Bankruptcy Step Zero
Authors: Douglas G. Baird and Anthony J. Casey In RadLAX Gateway Hotel, LLC v Amalgamated Bank, the Supreme Court’s statutory …