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.


2nd Circ. Tosses Argentina's Appeal Of $539M Payment Block

October 23, 2014

Source: Law360

The Second Circuit on Wednesday dismissed Argentina's appeal of a New York federal judge's order blocking a $539 million payment to bondholders via Bank of New York Mellon, finding that it doesn't have jurisidiction because the order appealed from was a clarification rather than a modification of prior rulings. Read this article.

Detroit Ch. 9 Judge Wants Specifics On Settlements, Exit Plan

October 22, 2014

Source: Law360

The judge presiding over Detroit’s bankruptcy case indicated Tuesday that he wants the city to delve into specifics of its settlements with creditors and its exit financing plan during closing arguments next week in the confirmation trial for its plan to erase more than $7 billion in debt and reinvest in essential services. Read this article...

Sam Wyly Seeks Ch. 11 To Deflect Looming $198M Fine

October 21, 2014

Source: Law360

Texas tycoon Sam Wyly sought Chapter 11 protection Sunday, saying he can't afford a potential $198 million government penalty for allegedly using secretive offshore trusts to trade stocks while evading taxes. Read this article.

Trump Entertainment Allowed To Nix Union Deal In Ch. 11

October 20, 2014

Source: Law360

A Delaware bankruptcy judge Friday allowed Trump Entertainment Resorts Inc. to ax its collective bargaining agreement with the union representing more than 1,000 employees of the Taj Mahal and impose its alternative that trades pensions for 401(k)s and employer-provided health insurance for coverage under the Affordable Care Act. Read this article.

Detroit Inks Deal With Last Major Holdout Opposing Exit Plan

October 17, 2014

Source: Law360

The City of Detroit has reached a settlement with Financial Guaranty Insurance Co., the final major creditor standing in the way of its restructuring plan, which has a more than $1 billion claim in the city's Chapter 9 bankruptcy case based on bonds it guaranteed, according to court documents filed Thursday. Read this article.

$37M Verizon Debt Pushes Global NAPs Into Ch. 11

October 16, 2014

Source: Law360

Defunct telecommunications firm Global NAPs Inc. filed for Chapter 11 bankruptcy protection in Delaware on Wednesday, still owing Verizon New England Inc. a $36.7 million judgment from a lingering contract dispute that landed the debtor under receivership years ago. Read this article.

The History and Danger of Administrative Law

October 14, 2013

Source: Imprimis

There are many complaints about administrative law—including that it is arbitrary, that it is a burden on the economy, and that it is an intrusion on freedom. The question I will address here is whether administrative law is unlawful, and I will focus on constitutional history. Those who forget history, it is often said, are doomed to repeat it. And this is what has happened in the United States with the rise of administrative law—or, more accurately, administrative power. Read this article.

In GM bankruptcy, an ex-con and hedge funds find common ground

October 13, 2014

Source: Reuters

Roger Dean Gillispie, a former General Motors security guard, spent 20 years in an Ohio prison for rape until a federal court ordered him released in 2011. Now he wants to sue GM for allegedly helping to frame him, and he’s getting support from an unlikely source: hedge funds. Read this article.