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 …
since the Bankruptcy Code was enacted in 1978.1 For much of the Code's first twenty years …
Priority matters: absolute priority, relative priority, and the costs of bankruptcy
DG Baird - U. Pa. L. Rev., 2016 - HeinOnline
This state of affairs, however, is very far from inevitable. An alternative conception of priority-
relative priority-once flourished. 3" Relative priority" 1 The doctrine was first established in …
relative priority-once flourished. 3" Relative priority" 1 The doctrine was first established in …
Tracing Equity: Realizing and Allocating Value in Chapter 11
In General Motors' historic bankruptcy, investment bank JP Morgan learned a hard lesson
about the effect of property law on contractual priority. Although the debtor promised the …
about the effect of property law on contractual priority. Although the debtor promised the …
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 …
economically oriented theorists have rationalized bankruptcy as an antidote to potential …
Badges of opportunism: principles for policing restructuring support agreements
EJ Janger, AJ Levitin - Brook. J. Corp. Fin. & Com. L., 2018 - HeinOnline
Bankruptcy is a market for corporate control. Current bankruptcy practice offers two
alternative mechanisms for effectuating changes in control of a firm:(1) a pre-plan all-asset …
alternative mechanisms for effectuating changes in control of a firm:(1) a pre-plan all-asset …
Restructuring vs. bankruptcy
JR Donaldson, ER Morrison… - Columbia Law and …, 2020 - papers.ssrn.com
We develop a model of a firm in financial distress. Distress can be mitigated by filing for
bankruptcy, which is costly, or preempted by restructuring, which is impeded by a collective …
bankruptcy, which is costly, or preempted by restructuring, which is impeded by a collective …
Fairness and Flexibility: Understanding Corporate Bankruptcy's Arc
SJ Lubben - U. Pa. J. Bus. L., 2020 - HeinOnline
The century and a half story of American corporate reorganization law exhibits a distinctive
pattern: a long, slow wave, drifting between flexibility and fairness, and back again.'Flexibility …
pattern: a long, slow wave, drifting between flexibility and fairness, and back again.'Flexibility …
Bitproperty and commercial credit
CK Odinet - Wash. UL Rev., 2016 - HeinOnline
In the past several years, the growth of virtual property in today's economy has been
explosive. The everyday use of virtual assets, ranging from Twitter and Facebook to …
explosive. The everyday use of virtual assets, ranging from Twitter and Facebook to …
One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy
EJ Janger, AJ Levitin - Iowa L. Rev., 2018 - HeinOnline
In bankruptcy, creditors exercise governance rights over a debtor firm-they vote to accept or
reject a proposed plan of reorganization. These governance rights are apportioned based …
reject a proposed plan of reorganization. These governance rights are apportioned based …
The Bankruptcy Clause, the Fifth Amendment, and the limited rights of secured creditors in Bankruptcy
CJ Tabb - U. Ill. L. Rev., 2015 - HeinOnline
It is an article of faith, part of the received wisdom in bankruptcy jurisprudence, that the Fifth
Amendment Takings Clause independently limits the exercise of the bankruptcy power …
Amendment Takings Clause independently limits the exercise of the bankruptcy power …