Directors and officers of financially distressed companies often face complicated, high-pressure decisions in fulfilling their fiduciary duties. For years, practitioners, legal scholars a...
Articles & Books
The Bankruptcy Strategist, Vol. 32, No. 4, February 2015
Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor’s bankruptcy, the United States Bankr...
In a recent guest commentary in Traders Magazine, Annette Nazareth and Jeffrey Dinwoodie of Davis Polk’s Financial Institutions Group discuss some of the impacts and implications of an ...
This second edition of The International Insolvency Review once again offers an in-depth review of market conditions and insolvency case developments in a number of key countries. Buil...
A year ago we offered our regulatory predictions for 2014. We correctly predicted a busy year of financial reform implementation, as well as intensified discussions of the relationships a...
On September 29, 2014, in Czyzewski v. Sun Capital Partners, Inc. (In re Jevic Holding Corp.), the United States District Court for the District of Delaware issued a decision holding that...
COMMENTARY
By MARSHALL HUEBNER
If you could make one change to the bankruptcy code, what would it be?
As many commentators have noted, bankruptcy has become very litigious. Much of this i...
Articles & Books
American Bankruptcy Institute Journal, January 2014
Being deemed an “insider” has important ramifications for creditors in bankruptcy. For example, the otherwise-applicable 90-day preference period expands to one year for insiders. Whe...
Articles & Books
Across the Great Divide: New Perspectives on the Financial Crisis, Chapter 13
The financial crisis of 2008 devastated the American economy and caused U.S. policymakers to rethink their approaches to major financial crises. More than five years have passed since the...
COMMENTARY
BY MARSHALL HUEBNER
When a company files for Chapter 11 protection a second, third or even fourth time, who’s to blame?
As is true of a company’s initial Chapter 11 filing,...