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 …

The corporate restructuring community is in the grip of an unbridled fear of holdouts-
bondholders who, in the face of an issuer's attempted restructuring, withhold their consent …

Two innovative methods of subordinating first-lien lenders to newly issued debt—so-called
dropdown and uptier transactions—have become important options when a restructuring …

Contract law treats consumer attention as if it were unlimited. We instead view consumer
attention as a scarce resource that must be conserved. We argue that consumer contracts …

Alliance politics have always been a complicating factor in corporate restructurings.
Negotiations between and among large groups of corporate stakeholders naturally require …

A basic assumption in the standard paradigm of corporate fi-nance is that a company's
investors want the company to succeed. To be sure, investors of different classes …

The rise of financialized capitalism as a component of the neoliberal state has resulted in
our debt-based economy, under which utilizing credit and incurring significant debt is a …

Modem corporate reorganization law rests on the priorities among the investors in the
business. The accepted wisdom is that reorganization law respects the priorities that are …

Both theorists and courts commonly assume that high-dollar financial contracts between
sophisticated parties are free of linguistic errors: sophisticated parties, the thinking goes, will …

NOTE FIGHTING FIRE WITH FIRE: BANKRUPTCY COMMITTEES IN THE AGE OF
HOSTILE RESTRUCTURINGS Page 1 NOTE FIGHTING FIRE WITH FIRE: BANKRUPTCY …