Harvard Business Law Review (HBLR)

The Harvard Business Law Review (HBLR) aims to be the premier journal covering the laws of business organization and capital markets. HBLR will publish articles from professors, practitioners, and policymakers on corporate law and governance, securities and capital markets law, financial regulation and financial institutions, law and finance, financial distress and bankruptcy, and related subjects.

Bankruptcy

Why The Lack of Interest in Interest? Another Look at Preferences and Secured Creditors

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Download PDF Samuel D. Krawiecz* I.          Introduction The Bankruptcy Code (sometimes referred to herein as the Code) disallows preferential payments made to creditors.[1] Bankruptcy preference law “ha[s] been hailed as ‘the single greatest contribution of the … [Read more...] about Why The Lack of Interest in Interest? Another Look at Preferences and Secured Creditors

Losing Momentive: A Roadmap to Higher Cramdown Interest Rates

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Download PDF Evan D. Flaschen, David L. Lawton & Mark E. Dendinger* I.         Introduction There has been a lot of press regarding the lengthy Momentive[1], bench ruling delivered in late 2014.[2] In Momentive, the Bankruptcy Court for the Southern District of New … [Read more...] about Losing Momentive: A Roadmap to Higher Cramdown Interest Rates

Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding

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Download PDF Timothy Graulich, Brian M. Resnick, and Kevin J. Coco* Bernie Madoff’s investment firm, Bernard L. Madoff Investment Securities LLC (Madoff Securities), famously imploded in December 2008 under the weight of the largest Ponzi scheme in U.S. history.[1] Some of … [Read more...] about Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding