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