A few days ago, Mark and I put up a post on the possibilities of using Chapter 15 bankruptcy for Venezuela's state-owned company, PDVSA. In response, we received a number of terrific comments, both via email and in the comments section. One of the ... Read full article
The lives of Puerto Rico residents remain profoundly disrupted by the aftermath of Hurricane Maria measured by metrics such as electricity, clean water, health care access, with death tolls mounting. This week, though, in a federal court hearing on ... Read full article
Key takeaways for Slips readers from a Moody's report, dated today: ... Read full article
It is rare that the ideas in academic articles fundamentally change the world. ... Read full article
Adam Lerrick , of the American Enterprise Institute, has offered an intriguing approach to the Republic of Venezuela/PDVSA debt problem. Call a spade a spade. The distinction in the market between Republic of Venezuela and PDVSA bonds has always been ... Read full article
This morning I saw a docket for a bankruptcy case captioned In re Kabbalah Taxi, Inc. Look for the cab with the little red thread around its mirror. If you meditate properly on the Tetragrammaton you will be teleported to your destination, although ... Read full article
I'm musing out loud here, but does the Supreme Court's holding in Spokeo v. Robins —that a suit claiming statutory damages without alleging actual damages lacks Article III standing—impact WARN Act claims in bankruptcy? The WARN Act is a labor ... Read full article
It seems to me a sign of serious regulatory dysfunction when a government expressly uses bankruptcy law as a means of collection, rather than rescue or at least collective redress, with an aim to treating economic stagnation. ... Read full article
As Jason Kilborn noted last month, the American Bankruptcy Institute (ABI) has formed a Commission on Consumer Bankruptcy. More information about the Commission is available on its web site including the unfortunate news that it got saddled with me as the ... Read full article
How much in punitive damages is enough to punish unlawful conduct and deter its repetition? $45 million was one bankruptcy court's opinion , in the case of a wrongful home foreclosure and eviction in knowing violation of the automatic stay. ... Read full article
Thanks a tweet to the sharp-eyed Drew Dawson at the University of Miami, I saw this article in Politico that among the surprises in Trump's budget is an increase in bankruptcy filing fees (see item 5). Well, this seemed important to those of us in ... Read full article
The Second Circuit currently has a pending case (Anderson v. Credit One Bank , No. 16-2496) that raises the question of whether an alleged violation of the bankruptcy discharge injunction is subject to a predispute arbitration agreement. Professors ... Read full article
Today in bankruptcy I taught In re Trump Entertainment Resorts , Inc. (Bankr. D. Del. Feb. 20, 2015) . The case isn't in my casebook (although some might notice that I presciently included in the problem sets a recurring character named Ronald ... Read full article
Bankruptcy filings by major cities have reinvigorated attention to municipal bankruptcy. As chapter 9 and its application have become more like chapter 11, a wide range of creditors are being swept into the process. As written before , city cases now have ... Read full article
For the past four years, Jim Greiner, Lois Lupica, and I have been working on the Financial Distress Research Project (FDRP) * , a large randomized control trial trying to find out what works to help individuals in financial distress. ... Read full article
The Second Circuit handed down its much-anticipated decision on the GM successor liability claims. Bottom line is that most, if not all, of the various claims against New GM are not barred by the Sale Order because of lack of procedural Due Process. That ... Read full article
