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The Legal Anomaly of Non-Recourse Financing

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Steven L. Schwarcz

Christina Trepczynski

The Power of Trends in International Insolvency Law

On December 4, 2017, the US Bankrupty Court for the Southern District of New York had to decide about a petition to recognise Dutch insolvency proceedings launched by an affiliate...

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The Secret Life of Priority

For forty years, the central goal of corporate reorganization under chapter 11 of the United States Bankruptcy Code has been to produce a “plan of reorganization” for the distressed corporate...

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Jonathan Lipson

The Resolution of Distressed Financial Conglomerates

One of the most elegant legal innovations to emerge from the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is the FDIC’s Single Point of Entry (‘SPOE’) initiative,...

27 January 2017

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Howell E. Jackson

Stephanie Massman

Bankruptcy’s Endowment Effect

The notion of endowments and entitlements has a powerful effect on corporate bankruptcy policy. Scholars and lawyers generally assume a creditor endowed with a right outside of the...

17 January 2017

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Bankruptcy Related Contracting and Bankruptcy Functions

A bankruptcy system is believed necessary to solve a coordination problem among the creditors of a distressed firm. The firm may be economically distressed – it cannot make a go...

5 September 2016

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Creditor Rights, Systemic Risk and Bank Regulations: Evidence from Cross-country Study

In our paper entitled “Creditor rights, Systemic Risk and Bank Regulations: evidence from cross-country study”, we investigate the extent to which creditor rights protection in bankruptcy induces banks...

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Frédéric Lobez

Christian Haddad

With the support of