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What Happens After the Supreme Court’s Debacle in Purdue Pharma?

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Edward Morrison

The Legal Anomaly of Non-Recourse Financing

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Steven L. Schwarcz

Christina Trepczynski

Bankruptcy Overload

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Laura N Coordes

Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court

In a recent decision, In re Highland Cap. Mgmt., L.P., Judge Stacey G. Jernigan of the Bankruptcy Court of the Northern District of Texas (the ‘Court’) held that a debtor’s rejection of...

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Ronit J. Berkovich

Badges of Opportunism: Principles for Policing Restructuring Support Agreements

Business reorganizations are corporate control transactions. When a debtor is insolvent, control is in play along two different axes. The first axis allocates control within the existing capital structure. The...

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Edward J. Janger

Adam J. Levitin

Consumer Response to Chapter 11 Bankruptcy: Negative Demand Spillover to Competitors

In our paper, we empirically study the effect of Chrysler's Chapter 11 bankruptcy filing on the unit sales of its competitors in the U.S. automotive industry. On the...

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Pradeep Chintagunta

Sriram Venkataraman

Treasury: Retain but Reform OLA + Add New Chapter 14 to Bankruptcy Code

In a long-awaited report to the President, the Treasury Department recommended reforming—but not repealing—the orderly liquidation authority (“OLA”) created by Title II of the Dodd-Frank Act (“Title II”), while...

26 February 2018

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The Role of the Court in Debt Restructuring

Debt restructuring mechanisms have been under scrutiny in recent years. The EU Commission put forward a proposal for the introduction of a directive dealing with restructuring in November 2016,...

2 February 2018

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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

Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes

In spite of the important role that judges play in the bankruptcy reorganisation process, little is known about the effects of their experience and personal attributes on case outcomes. ...

22 December 2017

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Benjamin Iverson

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