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Corporate Distress, Credit Default Swaps, and Defaults: Information and...

Posted by Henry T. C. Hu (University of Texas), on Thursday, January 17, 2019 Editor's Note: Henry T. C. Hu is the Allan Shivers Chair in the Law of Banking and Finance at the University of Texas Law...

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Debt Buybacks and the Myth of Creditor Power

Posted by Yesha Yadav (Vanderbilt University), on Monday, December 23, 2019 Editor's Note: Yesha Yadav is Professor of Law at Vanderbilt Law School. This post is based on a recent paper by Professor...

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Debt-Equity Conflict and the Incidence of Secured Credit

Posted by Barry E. Adler (New York University) and Vedran Capkun (HEC Paris), on Friday, January 10, 2020 Editor's Note: Barry E. Adler is the Bernard Petrie Professor of Law and Business at New York...

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The Decline in Secured Debt

Posted by Efraim Benmelech (Northwestern University), Nitish Kumar (University of Florida), and Raghuram G. Rajan (University of Chicago), on Monday, January 27, 2020 Editor's Note: Efraim Benmelech is...

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Cash America and the Structure of Bondholder Remedies

Posted by Marcel Kahan (NYU) and Mitu Gulati (Duke University), on Thursday, August 9, 2018 Editor's Note: Marcel Kahan is George T. Lowy Professor of Law at NYU Law School and Mitu Gulati is Professor...

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Bankruptcy as Bailout: Coal Company Insolvency and the Erosion of Federal Law

Posted by Joshua C. Macey (Cornell Law School) and Jackson Salovaara, on Wednesday, May 22, 2019 Editor's Note: Joshua C. Macey is a Postdoctoral Associate at Cornell Law School and Jackson Salovaara...

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Distressed M&A—The Rules of the Road

Posted by Ricky Mason, Amy Wolf and Joe Celentino, Wachtell, Lipton, Rosen & Katz, on Thursday, May 23, 2019 Editor's Note: Ricky Mason is partner, Amy Wolf is of counsel, and Joe Celentino is an...

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Debt Default Activism: After Windstream, the Winds of Change

Posted by Joshua A. Feltman, Emil A. Kleinhaus, and John R. Sobolewski, Wachtell, Lipton, Rosen & Katz, on Tuesday, June 18, 2019 Editor's Note: Joshua A. Feltman, Emil A. Kleinhaus, and John R....

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The Role of the Creditor in Corporate Governance and Investor Stewardship

Posted by George S. Dallas, International Corporate Governance Network (ICGN), on Wednesday, October 9, 2019 Editor's Note: George S. Dallas is Policy Director at International Corporate Governance...

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The Myth of Creditor Sabotage

Posted by Vincent S.J. Buccola (University of Pennsylvania), on Monday, October 28, 2019 Editor's Note: Vince Buccola is an assistant professor at the Wharton School at the University of Pennsylvania;...

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Director Fiduciary Duty in Insolvency

Posted by Brad Eric Scheler, Gary L. Kaplan, and Jennifer L. Rodburg, Fried, Frank, Harris, Shriver & Jacobson LLP, on Wednesday, April 15, 2020 Editor's Note: Brad Eric Scheler, Gary L. Kaplan,...

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Strategic Acquisitions of Distressed Companies in the COVID-19 Environment

Posted by Jennifer F. Fitchen, Sidley Austin LLP, on Thursday, May 21, 2020 Editor's Note: Jennifer F. Fitchen is a partner at Sidley Austin LLP. This post is based on her Sidley memorandum. During the...

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Court Holds that Syndicated Bank Loan Is Not a “Security”

Posted by Udi Grofman, Brad S. Karp, and Richard C. Tarlowe, Paul, Weiss, Rifkind, Wharton & Garrison LLP, on Sunday, June 14, 2020 Editor's Note: Udi Grofman, Brad S. Karp, and Richard C. Tarlowe...

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Catastrophe Bonds, Pandemics, and Risk Securitization

Posted by Steven L. Schwarcz (Duke University), on Wednesday, November 4, 2020 Editor's Note: Steven L. Schwarcz is Stanley A. Star Distinguished Professor of Law & Business at Duke University...

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No-Fault Default, Chapter 11 Bankruptcy, and Financial Institutions

Posted by Robert C. Merton (MIT) and Richard T. Thakor (University of Minnesota) , on Thursday, February 4, 2021 Editor's Note: Robert Merton is Professor of Finance at the MIT Sloan School of...

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Internal Investigations, Whistleblowing and External Monitoring

Posted by Klaus J. Hopt (Max Planck Institute), on Monday, May 31, 2021 Editor's Note: Klaus J. Hopt is former director at the Max Planck Institute for Comparative and International Private Law,...

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Discharging the Discharge for Value Defense

Posted by Eric Talley (Columbia Law School), on Monday, September 13, 2021 Editor's Note: Eric Talley is the Isidor & Seville Sulzbacher Professor of Law at Columbia Law School. This post is based...

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Environmental Liabilities, Creditors, and Corporate Pollution: Evidence from...

Posted by Ross Levine (UC Berkeley), on Thursday, April 21, 2022 Editor's Note: Ross Levine is the Willis H. Booth Chair in Banking and Finance at the University of California, Berkeley, Haas School of...

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Creditor Deemed a Controller by Dint of Its Voting Power

Posted by Lynn Neuner, Jonathan Youngwood, Janet Gochman, Simpson Thacher & Bartlett LLP, on Wednesday, April 27, 2022 Editor's Note: Lynn K. Neuner and Jonathan K. Youngwood are partners and Janet...

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The Rise of Bankruptcy Directors

Posted by Jared Ellias (University of California Hastings), Ehud Kamar (Tel Aviv University), and Kobi Kastiel (Tel Aviv University), on Monday, February 14, 2022 Editor's Note: Jared Ellias is...

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