By Arthur Tomaz de Oliveira (University of São Paulo Law School) and Henrique Kasai (Mattos Filho) Debtor-in-possession …
COMI Chameleon: Is ‘COMI Manipulation’ in Chapter 15 a Ballooning Problem?
By Steven W. Golden and Brooke E. Wilson (Pachulski Stang Ziehl & Jones LLP) Editor's Note: Steven and Brooke's article …
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Bankruptcy Law Penalties and Board Independence
By Aras Canipek (Sabanci Business School & Leibniz Institute for Financial Research SAFE) “for debt to be an effective …
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Subordination: A Functional and Theoretical Analysis
By Steven L. Schwarcz and Isabelle Stewart (Duke University School of Law) Editor's Note: Professor Schwarcz and Isabelle's …
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Promi$e Land: The Inside Story of the Puerto Rico Debt Crisis
By David Skeel (University of Pennsylvania Carey Law School) This summer marked the tenth anniversary of the Puerto Rico …
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Venezuela 2.0: A Blueprint for Restructuring its Debt and Rebuilding its Economy
By Steven T. Kargman (Kargman Associates) Editor's Note: This post is the second in a mini-series on Venezuela's sovereign …
Venezuela’s Debt Restructuring: An Alternative Path
By Richard J. Cooper, Ignacio Lagos, and Sean O'Connell (Cleary Gottlieb Steen & Hamilton LLP)* In the aftermath of its …
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New York District Court Affirms Narrow Scope of “Public Policy Exception” in Chapter 15 Cases
By Corinne Ball, Dan T. Moss, David S. Torborg, and Isel M. Perez (Jones Day) Chapter 15 of the Bankruptcy Code reached its …
When She Fails: Women Entrepreneurs and Gender Gaps in Business Bankruptcy
By Hosein Maleki (Rutgers Business School), Mahsa Kaviani (University of Delaware), Simi Kedia (Rutgers Business School), and …
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Creditor-On-Creditor Violence
By Samuel Antill (Harvard Business School), Neng Wang (Columbia Business School & Cheung Kong Graduate School of Business) …
Chapter 11 Plan that Abridged Non-Debtor Lessee’s Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith
By Trisha L. Mowbray & Ryan Sims (Jones Day) The Bankruptcy Code includes special protections for real property lessees …
New Jersey bankruptcy court upholds debtor-chosen venue under Asset Based Approach
By Megan Wasson & Rebecca Polinsky (HSF Kramer LLP) The bankruptcy venue statute, 28 U.S.C. Section 1408, allows a debtor …
Bankruptcy as Presidential Resistance
By Alvin Velazquez (Indiana University Maurer School of Law) Editor's Note: Professor Velazquez's article was recently …
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Bankruptcy Redemption Options
By Richard Hynes (University of Virginia School of Law) The ancient right of redemption allows a party to repurchase assets …
The Erie Doctrine, Code Common Law, and Choice-of-Law Rules in Bankruptcy
By Ralph Brubaker (University of Illinois College of Law) State law pervades bankruptcy litigation, as all parties’ relative …
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Bankruptcy’s Trilemma: A Unifying Framework
By Kenneth Ayotte (University of California Berkeley), Jason Donaldson (University of Southern California), and Giorgia Piacentino …
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Lessons from the Convergence of Corporate Restructurings
By Robert Miller (University of South Dakota Law School) The two principal mechanisms for large corporate …
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The Value And Legality Of Lender Cooperation Agreements
By Brett Seaton (The Wharton School, University of Pennsylvania) Editor's Note: At the time of writing this article, Brett …
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Liability Management 2026: For Better or Worse
By Joshua A. Feltman, Emil A. Kleinhaus, Michael S. Benn, Benjamin S. Arfa, Michael H. Cassel, Stephanie A. Marshak, and Matthew …
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Distressed Debt Legal Insights: Fossil Group’s UK Restructuring Plan
By Leonard Klingbaum, Matthew Czyzyk, Sam Badawi, Nitin Konchady, Faiza N. Rahman, Matthew M. Roose, Natalie Blanc, Natalie Raine, …
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