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 …

Bankruptcy Law's Knowns and Unknowns

JA Ellias - Annual Review of Law and Social Science, 2023 - annualreviews.org
In 1978, Congress created a new federal bankruptcy law that has since become a key part of
the American capital markets. I examine how large companies and their investors contract to …

The Changing Face of Chapter 11 Bankruptcy: Insights from Recent Trends and Research

E Hotchkiss, KS Thorburn… - Annual Review of Financial …, 2023 - annualreviews.org
Several recent trends have reshaped the nature of bargaining in Chapter 11. These include
increasingly complex prebankruptcy capital structures, decreasing time in Chapter 11 due to …

Bankruptcy process for sale

K Ayotte, JA Ellias - Yale J. on Reg., 2022 - HeinOnline
Neiman Marcus and J. Crew each filed for strikingly similar Chapter 11 bankruptcies in May
of 2020.'Both firms planned to borrow hundreds of millions of dollars in debtor-in-possession …

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 …

Distorted choice in corporate bankruptcy

DA Skeel Jr - Yale LJ, 2020 - HeinOnline
We ordinarily assume that a central objective of every voting process is ensuring an
undistorted vote. Recent developments in corporate bankruptcy, which culminates with an …

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 …

Do market prices improve the accuracy of court valuations in Chapter 11?

C Demiroglu, J Franks, R Lewis - The Journal of Finance, 2022 - Wiley Online Library
The average difference between the court value and postemergence market value of newly
issued stocks in Chapter 11 reorganizations exceeds 50%. We show that public …

The myth of creditor sabotage

VSJ Buccola, JK Mah, T Zhang - U. Chi. L. Rev., 2020 - HeinOnline
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 costs of bankruptcy restructuring

W Wang - Available at SSRN 3985613, 2021 - papers.ssrn.com
Financially distressed and insolvent firms file for bankruptcy to either reorganize or liquidate
under court supervision. Fundamentally, bankruptcy law is designed to resolve creditor …