Corporate Bankruptcy

Representation and Realities of (Bankruptcy) Court Work

07/10/12

The Yale Journal of Law and the Humanities held a symposium on "Courts: Representing and Contesting Ideologies of the Public Sphere" in 2011, and recently published papers from this event.

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GM and Chrysler, Yet Again

06/15/12

A quick note about yesterday's editorial from Sherk and Zywicki. I'm loath to wade in yet again on this issue, as I doubt there would be any interest in these old bankruptcy cases if there were not an election looming.

But the Sherk and Zywicki argument is stated quite clearly, and merits comment:

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GM, Chrysler and Ideologically Selective Bankruptcy Formalism

06/14/12

James Sherk and Todd Zywicki have an op-ed in the Wall Street Journal that kvetches about the unfairness of the Chrysler and GM bankruptcies.  As one might expect, their complaint centers upon the contention that the senior lienholders in Chrysler get 29 cents on the dollar, while the UAW VEBA received a superior treatment despite holding a general unsecured claim.

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Chapter 11 Fees Go Mainstream

06/10/12

The NY Times has an editorial this morning on the UST's proposed fee guidlines.

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L&L In D.C.

06/06/12

Tomorrow two Slips members -- Adam and I -- journey to the House of Representatives. Ok, for Adam this is a journey to the crosswalk, but nonetheless ...

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HMS RadLAX

05/29/12

I've posted my thoughts on RadLAX over at Dealbook (along with another column on Dewey if you'd like to check that out too). In short, I noticed Justice Scalia's fascination with cannons too.

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Can(n)onading Radlax

05/29/12

As Stephen noted, the Supreme Court has decided the RadLAX case. Although I suspect I won't be the only Credit Slips blogger to comment on the case, I had a few thoughts on the interpretive methods instead of the result. In a short opinion, the Court reached the correct results in what was an easy case.

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As Expected

05/29/12

The Supreme Court has affirmed the 7th Circuit in RadLAX. I'm sure Adam, I, and others will have more comments to follow. The 8-0 decision certainly makes me feel a bit more comfortable about those old posts arguing that the 3d Cir. was aggressively wrong.

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Madoff and Trustee Incentives

05/22/12

We've been pretty quiet about Madoff on this blog, so I think it's time for a few words on the matter. I want to quickly recap two critical decisions in the case and then raise the issue of the alignment of incentives between the trustee and the Madoff victims.

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