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...
View ArticleDebt 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...
View ArticleDebt-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...
View ArticleThe 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...
View ArticleCash 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...
View ArticleBankruptcy 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...
View ArticleDistressed 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...
View ArticleDebt 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....
View ArticleThe 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...
View ArticleThe 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;...
View ArticleDirector 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,...
View ArticleStrategic 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...
View ArticleCourt 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...
View ArticleCatastrophe 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...
View ArticleNo-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...
View ArticleInternal 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,...
View ArticleDischarging 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...
View ArticleEnvironmental 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...
View ArticleCreditor 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...
View ArticleThe 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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