Sponsor control: a new paradigm for corporate reorganization

VSJ Buccola - U. Chi. L. Rev., 2023 - HeinOnline
By common account, two contrasting eras have defined largescale corporate reorganization
since the Bankruptcy Code was enacted in 1978.1 For much of the Code's first twenty years …

Chapter 11's renegotiation framework and the purpose of corporate bankruptcy

AJ Casey - Colum. L. Rev., 2020 - HeinOnline
Corporate bankruptcy presents a puzzle. Why does the law provide special rules that apply
only in financial distress? One can imagine 1-or advocate for-a world in which no such rules …

Hostile restructurings

DL Dick - Wash. L. Rev., 2021 - HeinOnline
The conventional wisdom holds that out-of-court loan restructurings are mostly consensual
and collaborative. But this is no longer accurate. Highly aggressive, nonconsensual …

Corporate bankruptcy hybridity

MB Jacoby - University of Pennsylvania Law Review, 2018 - JSTOR
Spend a day in a busy bankruptcy court and your research agenda could be set for life.
Bankruptcy is crisis management for individuals, business entities, and even governments …

Criminal Clear Statement Rules

CB Hessick, JE Kennedy - Wash. UL Rev., 2019 - HeinOnline
There is a broad consensus in the criminal justice community that our criminal statutes are a
mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws …

Bankruptcy's cathedral: property rules, liability rules, and distress

VSJ Buccola - Nw. UL Rev., 2019 - HeinOnline
What justifies corporate bankruptcy law in the modem economy? For forty years,
economically oriented theorists have rationalized bankruptcy as an antidote to potential …

Aggregation and Abuse: Mass Torts in Bankruptcy

EJ Janger - Fordham L. Rev., 2022 - HeinOnline
Bankruptcy courts have become the favored forum for large corporate defendants to seek
global resolution of mass tort liability claims. Whether this forum choice benefits the victims …

Rethinking priority: The dawn of the relative priority rule and the new “best interests of creditors” test in the European Union

A Krohn - International Insolvency Review, 2021 - Wiley Online Library
This article identifies one aspect of the cross‐class cram‐down from the EU Directive on
restructuring and insolvency that has not drawn wide attention to date. In addition to giving …

Bounties for Errors: Market Testing Contracts

RK Rasmussen, M Simkovic - Harv. Bus. L. Rev., 2020 - HeinOnline
A venerable tradition in both judicial opinions and legal scholarship argues that the law best
serves sophisticated parties when it enforces contracts according to their plain meaning.'The …

Equity for Intermediaries: The Resolution of Financial Firms in Bankruptcy and Bank Resolution

EJ Janger - Yale J. on Reg., 2024 - HeinOnline
This Essay considers the role of bankruptcy law in the legal ecosystem'that regulates banks
and other financial intermediaries. It uses the recent spate of bank and crypto intermediary …