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

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

Make-Whole Claims and Bankruptcy Policy

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Download PDF Douglas P. Bartner and Robert A. Britton* Loan agreements and bond indentures frequently contain “make-whole” or “yield maintenance” provisions that are designed to give the lender or bond investor the benefit of its interest rate bargain in the event that the … [Read more...] about Make-Whole Claims and Bankruptcy Policy

Corporate Reorganization as Corporate Reinvention: Borders and Blockbuster in Chapter 11

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Download PDF Ruth Sarah Lee* At its heart, Chapter 11 is supposed to be about giving struggling businesses a new beginning, predicated on the idea that “a failing business can be reshaped into a successful operation . . . a predictable creation from a people whose majority … [Read more...] about Corporate Reorganization as Corporate Reinvention: Borders and Blockbuster in Chapter 11

One Way That Dodd-Frank’s Liquidation Authority Could Achieve Parity With The Bankruptcy Code

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Download PDF Harvey R. Miller & Maurice Horwitz* On October 19, 2010, the FDIC published a proposed rule governing the implementation of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).[1] Title II of Dodd-Frank creates an … [Read more...] about One Way That Dodd-Frank’s Liquidation Authority Could Achieve Parity With The Bankruptcy Code