News Topic: CreditSlips

Nearly a year has passed since my last Credit Slips post on The Weinstein Company bankruptcy. The case, filed March 2018, remains open. Contract disputes have dominated many if not most bankruptcy court hearings this past year. ... Read full article

( This post draws directly from ideas from co authored work with Joseph Blocher ; and particularly the numerous discussions we have had about the incentives that a market for sovereign control might create for nations to take better care of their minority ... Read full article

Two of the contracts papers I’ve been most looking forward to this fall have just been posted on ssrn. They are are Rob Anderson’s “An Evolutionary Perspective on Contracting: Evidence From Poison Pills” ( here ) and Julian Nyarko’s “Stickiness and ... Read full article

Scholars of constitutional law and judicial behavior have long conjectured that judges behave differently during times of crisis. ... Read full article

A couple days ago, Judge Garrity Jr. of the Bankruptcy Court for the Southern District of New York issued a 132 page opinion denying confirmation of Ditech's proposed plan. Ditech, of course, is an originator and servicer of mortgages, including ... Read full article

I love contract metaphors. ... Read full article

One of the central features of the  Stop Wall Street Looting Act  that was introduced by Senator Elizabeth Warren and a number of co-sponsors is a targeted rollback of limited liability. ... Read full article

Judge Furman has dismissed the federal RICO charges, and the case may be headed to state court. Our chances of actually finding out if McKinsey flouted rule 2014 (and § 327) are looking increasingly dim: ... Read full article

( This post draws from my prior work with Joseph Blocher and the many conversations we have had about this topic over the years; he bears no responsibility for errors and sarcasm ) ... Read full article

The way many of us teach interpretation in Contract Law, there is little role for history (admittedly, this is just based on casual observation). ... Read full article

On Tuesday, the United States Court of Appeals for the Fifth Circuit released an opinion that, if anything, makes it even more difficult to discharge student loans in bankruptcy. Writing for a three-judge panel in a case called In re Thomas , Judge Edith ... Read full article

Income-sharing agreements or ISAs are becoming an increasingly popular way to finance higher education. The key problem that ISAs face as a product is uncertainty about their regulatory status. Are ISAs “credit” for various statutory purposes? ... Read full article

In the Democratic Primary debate last night, former Vice-President Joe Biden claimed to have been deeply involved in the Detroit bankruptcy:  Q (Tapper): What do you say to progressives who worry that your proposals are not ambitious enough to energize ... Read full article

Today, the U.S. Court of Appeals for the Third Circuit affirmed the order allowing jilted Canadian mining company Crystallex to attach PDVSA's equity stake in PDV-Holding (the corporate parent of CITGO). Here's the unanimous opinion . ... Read full article

Mitu Gulati & Mark Weidemaier The two of us are beginning a project to build a dataset of foreign currency sovereign bonds and their contract terms. The dataset of bond issuances has a conspicuous absence: India. ... Read full article

CFPB today put out an advance notice of proposed rulemaking to amend the Qualified Mortgage (QM) Rule by letting the "GSE Patch" expire .  What the Bureau is proposing is truly dangerous.  While I haven’t liked some of the Bureau's other ... Read full article

Mark Weidemaier & Mitu Gulati ... Read full article

Have you heard of Ramming Bows? Or did you know that they describe a category of boilerplate contract provisions?  Until a couple of weeks ago, I had not either.  That was when I came across Glenn West’s two delightful blog posts at the Weil Gotshal & ... Read full article