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 …

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 …

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 …

The Secret Life of Priority: Corporate Reorganization After Jevic

JC Lipson - Wash. L. Rev., 2018 - HeinOnline
Academics have long debated whether the order of bankruptcy distributions should be"
absolute" or" relative." Should courts have the flexibility to scramble priority to serve some …

The Rule of the Deal: Bankruptcy Bargains and Other Misnomers

JC Lipson - Am. Bankr. LJ, 2023 - HeinOnline
Practice under chapter 11 depends on bargaihing and negotiation to produce a plan
ofreorganization for the corporate debtor. Because this bargaining occurs behind closed …

Islands of litigation finance

MK Velchik, JY Zhang - Stan. JL Bus. & Fin., 2019 - HeinOnline
Litigation finance refers to investments in litigation by a third person not originally a party to
the suit. Whether the country should embrace this. new practice has sparked debate among …

Contracting Pregnancy

R Rebouché - Iowa L. Rev., 2019 - HeinOnline
Several states recently have passed laws that permit and regulate gestational surrogacy,
changing course from the prohibitions that characterized an earlier era. These statutes …

Reforming Institutions: The judicial function in bankruptcy and public law litigation

KG Noonan, JC Lipson, WH Simon - Ind. LJ, 2019 - HeinOnline
Large organizations sometimes fail, and when they do, courts may be asked to provide a
remedy. Often, the remedy is restructuring. Perhaps the largest categories of judicial …

The Janus Faces of Reorganization Law

VSJ Buccola - J. Corp. L., 2018 - HeinOnline
The Supreme Court's most recent foray into the world of corporate reorganization, in
Czyzewski v. Jevic Holding Corporation, reveals as much about the conceptual …

The Need for Dignitary Justice for Tort Creditors in Chapter 11 Bankruptcy

E Epstein - Colum. Bus. L. Rev., 2022 - HeinOnline
NOTE THE NEED FOR DIGNITARY JUSTICE FOR TORT CREDITORS IN CHAPTER 11
BANKRUPTCY Page 1 NOTE THE NEED FOR DIGNITARY JUSTICE FOR TORT CREDITORS …