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16 Dec 2020
1 min to read

The Hertz Maneuver (and the Limits of Bankruptcy Law)

Anthony Casey | Joshua Macey

On June 11, 2020, the Hertz Corporation attempted to become the first corporate debtor to finance a bankruptcy proceeding by issuing new shares of common stock to the public. Though many thought...
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  • Commercial Law
26 Aug 2019
2 min to read

The New Bargaining Theory of Corporate Bankruptcy and Chapter 11’s Renegotiation Framework

Anthony Casey

The prevailing theory of corporate bankruptcy law states that its purpose is to vindicate or mimic the agreement that creditors would have reached if they had bargained with each other to write their...

OBLB categories

  • Commercial Law
14 Jul 2017

Self-Driving Contracts

Anthony Niblett | Anthony Casey

Predictive capabilities created by big data and artificial intelligence increasingly allow parties to draft contracts that fill their own gaps and interpret their own standards without adjudication...
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OBLB categories

  • Commercial Law
20 Jan 2017

Bankruptcy on the Side

Kenneth Ayotte | Anthony Casey | David Skeel

Judges in large corporate bankruptcies are increasingly being asked to resolve disputes regarding side agreements between creditors or other stakeholders in the debtor. A common example is an...

OBLB categories

  • Corporate Finance
17 Jan 2017

Bankruptcy’s Endowment Effect

Anthony Casey

The notion of endowments and entitlements has a powerful effect on corporate bankruptcy policy. Scholars and lawyers generally assume a creditor endowed with a right outside of the bankruptcy system...

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