The Bankruptcy Law Review is a collaboration of expert legal practitioners and academicians who write about both the legal and public policy aspects of corporate bankruptcy law.

Welcome to Bankruptcy Law Review

Welcome to Bankruptcy Law Review is the result of a collaboration among leading legal experts and academicians in the area of Bankruptcy Law, including emphasis on the issues of fraudulent conveyances, preferences, and former officer, director, and shareholder liability. These legal matters have risen in importance among practitioners, judges, governments, corporate leaders and the public in recent years, creating an increased demand for current and authoritative law articles addressing them. The authors of Bankruptcy Law Review have set forth to contribute their knowledge on the subject and, in so doing, highlight their expertise in this very relevant area of the law.


Top Caesars Creditors Allege 'Brazen' Asset-Stripping

November 26, 2014

Source: Law360

A bondholder trustee filed a lawsuit against Caesars Entertainment Corp. on Tuesday calling for the appointment of a receiver to unwind the “unimaginably brazen corporate looting” of a Caesars subsidiary near-certain to enter bankruptcy under an $18.4 billion debt load. Read this article.

Aereo Plans To Shop Infringing Streaming IP In Ch. 11

November 25, 2014

Source: Law360

Aereo Inc.’s television streaming technology could fetch a substantial price in a bankruptcy auction despite having been ruled by the U.S. Supreme Court to violate the copyrights of broadcasters, an attorney for the shuttered startup said Monday. Read this article.


LDK Solar Debt Plans Get U.S. Bankruptcy Court Approval

November 24, 2014

Source: Bloomberg

LDK Solar Co., the Chinese solar-cell maker that defaulted on its bonds this year, won U.S. court approval of its foreign restructuring, capping its international reorganization. Xinyu, China-based LDK filed for Chapter 15 protection last month, listing about $1.13 billion in debt and $510 million in assets as of May 31. Chapter 15 is the section of the bankruptcy code used by foreign companies restructuring abroad to fend off creditors and distribute payments in the U.S.

Detroit Ch. 9 Empowers Cities To Tackle Soaring Pensions

November 21, 2014

Source: Law360

The city of Detroit’s emergence from bankruptcy with significant concessions from its retirees offers renewed hope for municipalities across the country to address the accounting gimmickry used to avoid confronting huge employment-related liabilities, experts said at a panel discussion Wednesday. Read this article.

Trump Resorts Must Prove Case Shouldn't Become Ch. 7

November 20, 2014

Source: Law360

A Delaware bankruptcy judge on Wednesday ordered Trump Entertainment Resorts Inc. to show why its Chapter 11 case shouldn't be converted to a Chapter 7 liquidation after agreement over the debtor's disclosure statement, which he indicated a day earlier he would approve, fell apart. Read this article.

San Bernardino Faces May 30 Deadline For Ch. 9 Exit Plan

November 19, 2014

Source: Law360

Bond creditors upset with the pace of San Bernardino, California’s debt restructuring efforts convinced a bankruptcy judge on Tuesday to fix a May 30 deadline for the city of 214,000 to file a plan for ending its stay in Chapter 9, which has now lasted 28 months. Read this article.

Bank of America Takes Ch. 7 Junior Lien Fight To Top Court

November 18, 2014

Source: Law360

The U.S. Supreme Court on Monday agreed to address what Bank of America NA calls a split between the Eleventh Circuit, which has allowed Chapter 7 debtors to rid themselves of junior liens — usually the result of second mortgages — on their underwater homes, and other federal circuits that have allowed such liens to survive. Read this article.

Ch. 11 Looms As Caesars Unit Looks To Shake $18B Debt

November 17, 2014

Source: Law360

The future of Caesars Entertainment Corp.’s largest subsidiary has been thrown into question following an announcement Friday that the casino operator's major arm was considering a possible Chapter 11 filing to dig itself out of $18.4 billion in debt. In a quarterly report filed with the U.S. Securities and Exchange Commission, Caesars announced that it was concerned with Caesars Entertainment Operating Co.'s ability to stay afloat as $1.8 billion becomes due over the next 12 months. Read this article.