Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
Continue Reading about BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
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 …
The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School) What good can a corporate bankruptcy regime do in the …
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Financially Distressed Companies, Restructuring and Creditors’ Interests: What is a Director to Do?
By Andrew Keay (University of Leeds) Out of court restructuring is a popular and, according to many, optimal way of resolving the …
Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
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 …
The New Bond Workouts
By William W. Bratton (University of Pennsylvania Law School) Bond workouts are a dysfunctional method of debt restructuring, …
Out-of-Court Restructurings After Marblegate: Trust Indenture Act Section 316(b) and Beyond
Lawyers from Davis Polk, Drinker Biddle, and Wilmer Hale recently held a panel discussion entitled “Out-of-Court Restructurings …
Three Ages of Bankruptcy
By Mark J. Roe (Harvard Law School) During the past century, three decisionmaking systems have arisen to accomplish a bankruptcy …
Second Circuit Rules on § 316(b) in Marblegate
Last week, the Second Circuit decided Marblegate Asset Management, LLC v. Education Management Corp., holding that § 316(b) of the …
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Revisiting the Voting Prohibition in Bond Workouts
Author: Carlos Berdejó, Loyola Law School, Los Angeles Economic theory suggests that corporate law should enable parties to …
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“Trade Away!”—Bankruptcy Court for the Southern District of New York Decides That Original Issue Discount From Fair Value Exchanges Is Allowable in Bankruptcy
Authors: Richard L. Wynne and Lance Miller, Jones Day Debt exchanges have long been utilized by distressed companies to address …