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Shadow Resolutions as a “No-No” in a Sound Banking Union

Posted by Luca Enriques, Oxford University, on Monday, November 16, 2015 Editor's Note: Luca Enriques is Allen & Overy Professor of Corporate Law at Oxford University. The following post is based...

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Comment Letter of 18 Law Professors on the Trust Indenture Act

Posted by Adam J. Levitin, Georgetown University Law Center, on Friday, December 11, 2015 Editor's Note: Adam J. Levitin is Professor of Law at Georgetown University Law Center, specializing in...

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Acquisition Financing: the Year Behind and the Year Ahead

Posted by Eric M. Rosof, Wachtell, Lipton, Rosen & Katz, on Thursday, January 21, 2016 Editor's Note: Eric M. Rosof is a partner focusing on financing for corporate transactions at Wachtell,...

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The Ownership and Trading of Debt Claims in Chapter 11 Restructurings

Posted by David Smith, University of Virginia, on Thursday, February 25, 2016 Editor's Note: David Smith is Professor of Commerce at the University of Virginia. This post is based on an article...

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The Trust Indenture Act and the Courts: Bringing the SEC to the Table

Posted by Mark J. Roe, Harvard Law School, on Monday, April 4, 2016 Editor's Note: Mark J. Roe is the David Berg Professor of Law at Harvard Law School. This post is based on a recent article by...

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Debt Restructurings and the Trust Indenture Act

Posted by Harald Halbhuber, Shearman & Sterling LLP, on Tuesday, June 14, 2016 Editor's Note: Harald Halbhuber is counsel in the Capital Markets Group at Shearman & Sterling LLP. This post is...

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Bankruptcy for Banks: A Sound Concept That Needs Fine-Tuning

Posted by Mark J. Roe, Harvard Law School, and David A. Skeel, University of Pennsylvania, on Wednesday, August 17, 2016 Editor's Note: Mark J. Roe is the David Berg Professor of Law at Harvard Law...

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The Impact of the New Restructuring Law on Puerto Rico Creditors

Posted by Lorraine S. McGowen, Orrick, Herrington & Sutcliffe LLP, on Saturday, August 20, 2016 Editor's Note: Lorraine S. McGowen is a partner in the restructuring group at Orrick, Herrington...

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PROMESA and Puerto Rico’s Pathways to Solvency

Posted by Stephen Park, University of Connecticut, and Tim Samples, University of Georgia, on Friday, September 16, 2016 Editor's Note: Stephen Park is Assistant Professor of Business Law at the...

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Second Circuit Reverses Marblegate Decision Regarding Trust Indenture Act

Posted by John D. Lobrano, Simpson Thacher & Bartlett LLP, on Saturday, January 28, 2017 Editor's Note: John D. Lobrano is a partner at Simpson Thacher & Bartlett LLP. This post is based on a...

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Leveraged Buyouts: An Overview of the Literature

Posted by Luc Renneboog & Cara Vansteenkiste, Tilburg University, on Wednesday, February 8, 2017 Editor's Note: Luc Renneboog is Professor of Corporate Finance and Cara Vansteenkiste is a PhD...

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Stiffing the Creditor: The Effect of Asset Verifiability on Bankruptcy

Posted by Florencio Lopez-de-Silanes, SKEMA Business School, on Tuesday, April 25, 2017 Editor's Note: Florencio Lopez-de-Silanes is Professor of Finance and Associate Dean for International Affairs at...

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Roadblocks to Redemption: Delaware Chancery Court Makes Preferred Stock...

Posted by Michael J. Kendall and Joseph F. Bernardi, Jr., Goodwin Procter LLP, on Friday, May 12, 2017 Editor's Note: Michael J. Kendall is a partner and Joseph F. Bernardi, Jr. is counsel at Goodwin...

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Financial Scholars Oppose Eliminating “Orderly Liquidation Authority” As...

Posted by Mark J. Roe, Harvard Law School, on Friday, May 26, 2017 Editor's Note: Mark Roe is a professor at Harvard Law School This post summarizes the text of a letter by Professor Roe and Professor...

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Recent Cases on Lending Safeguards in Bankruptcy

Posted by Samuel A. Newman, Matthew K. Kelsey, and Daniel B. Denny, Gibson, Dunn & Crutcher LLP, on Saturday, October 14, 2017 Editor's Note: Samuel A. Newman and Matthew K. Kelsey are partners at...

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Bankruptcy Court Holds Secured Creditors Can Be “Crammed Down” With...

Posted by Kobi Kastiel, Co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Saturday, September 6, 2014 Editor's Note: The following post comes to us from Mark I. Bane, Partner...

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Towards a “Rule of Law” Approach to Restructuring Sovereign Debt

Posted by Steven L. Schwarcz, Duke University, on Tuesday, October 14, 2014 Editor's Note: Steven L. Schwarcz is the Stanley A. Star Professor of Law & Business at Duke University School of Law. In...

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Using Spin-offs to Raise Cash, Reduce Debt and Recapitalize

Posted by Kobi Kastiel, Co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Saturday, January 3, 2015 Editor's Note: The following post comes to us from Stephen I. Glover, Partner...

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REIT and Real Estate M&A in 2015

Posted by Adam O. Emmerich, Wachtell Lipton Rosen & Katz, on Friday, January 23, 2015 Editor's Note: Adam Emmerich is a partner in the corporate department at Wachtell, Lipton, Rosen & Katz...

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Structural Corporate Degradation Due to Too-Big-To-Fail Finance

Posted by Mark Roe, Harvard Law School, on Friday, June 5, 2015 Editor's Note: Mark Roe is the David Berg Professor of Law at Harvard Law School, where he teaches bankruptcy and corporate law....

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