Harvard Law School's Bankruptcy Roundtable, a dialogue between academics and practitioners, is now in the blogosphere! The Roundtable has launched with a number of very substantive posts by Douglas Baird and Anthony Casey; Judge Sontchi; Thomas Jackson and David Skeel; Nelly Alemeida; and Marshal Huebner and Hilary Dengel. I know that we academics benefit a lot from discussions with practitioners.
A grand tour of several percolating global restructuring issues, including Greece, the Ukraine, TXU, and, Mark and Anna's favorite, Argentina. Over at Dealb%k.
Well, not exactly. But for anyone who is interested, here is my written Congressional testimony for a House Financial Services Committee, Subcommittee on Capital Markets and GSEs hearing on "The Dodd-Frank Act's Impact on Asset-Backed Securities".
On behalf of the Credit Slips bloggers, I want to extend our sympathy to the family and friends of Professor Ted Eisenberg who passed away suddenly on Sunday. Ted worked in the areas of civil rights, the death penalty, and bankruptcy. He also was a pioneer in the field of empiricial legal studies. The scholars who participate on Credit Slips owe Ted a huge intellectual debt. His work was greatly influential on my own scholarship.
My previous post announced my intention to focus on the new Spanish Insolvency Law’s differences between individual debtors with or without business activities.
Much excitement in our nerdly circles is arising about Detroit's plan of adjustment, just filed yesterday. This has gotten me thinking about what's next (other than the obvious ongoing cajolling/negotiations). Three ruminations thereon:
It's hardly news that arbitration agreements are used to effectuate class action waivers. The Supreme Court has blessed the comandeering of a federal policy favoring enforcement of forum selection clauses to limit types of proceedings, including those that have nothing to do with forum and are necessary for effective vindication of small value claims.
Chapter 15’s modified universalism structure requires cooperation between courts in different countries as well as tolerance for outcome differences under different bankruptcy laws. While in general it’s fair to say U.S. courts have been cooperative and tolerant, for some reason the issue of intellectual property licenses in bankruptcy brings out the worst in us.
