Corporate Bankruptcy

Your Favorite Business Bankruptcy/Restructuring Lingo: A Word of Thanks


Just a word of gratitude to readers for providing great responses to the prior call for corporate bankruptcy lingo. Thanks to your help, UNC Law's advanced business bankruptcy students are collaboratively examining such terms through a wiki and this will help them make an even smoother transition into the professional world. If any new lingo comes to mind, don't hesitate to pass it along! 


Whence Corporate Bankruptcy


A correspondent and I were discussing the changes wrought by the 1978 enactment of the current U.S. Bankruptcy Code. My correspondent noted that corporate bankruptcy became more salient after 1978 and linked this phenomenon to the 1978 law. My perception is the same: corporate bankruptcy became more salient after the 1978 enactment of the Bankruptcy Code, and my guess would be that many experts would have the same reaction.


How Does the New Federal Venue Law Affect Corporate Bankruptcy?


On December 7, 2011, President Obama signed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, H.R. 394, P.L. 112-63. The bill does not amend 28 U.S.C. 1408, the primary venue provision for bankruptcy cases in the U.S. Nonetheless, the changes should make us think again about the propriety of place of incorporation as a basis for chapter 11 venue (hat tip to Elizabeth Gibson, who figured this one out right away).


Revamping the Advanced Bankruptcy Class


Thanks, Bob, for welcoming me back. I'd like to start with a quick poll. Credit Slips readers, off the top of your head, what short writings (say 5 pages or fewer) should law students be doing that would be directly relevant to business bankruptcy practice? They can be related to business cases of any size, and can be litigation, counseling, or transactionally oriented. If you'd prefer to write me directly than to comment below, I welcome your thoughts at [email protected].


We get a chapter 11 case!


The Supreme Court has granted cert. in RadLAX Gateway Hotel, LLC, a case involving the right to credit bid when a sale is done as part of a chapter 11 plan. The Code clearly allows credit bidding in 363 sales, but the courts had split on the issue in the plan context.


Don't give me whys and wherefores


Some initial musings on the ethics of chapter 11, over at Dealbook.


By the side of the ocean headed for Sunset


My initial thoughts on American Airlines, here.


See the Wreckage and the Damage Done


I've been remiss about cross-posting my Dealbook columns, but my two most recent (here and here) focus on the Dynegy chapter 11 case.


Two worlds and in between


A discussion about why nation-by-nation bankruptcy fails when dealing with global enterprises, here.


Predicting the Next Chapter 11 Wave


A great chart over at the Economist breaks down moves in consumer spending by industry, perhaps giving us some insight over where the next chapter 11 cases will come from, at least in the broadly defined retail sector.