Oxford Business Law Blog

In a new paper, ‘Selective Corporate Restructuring Strategy’, we engage with a fundamental, but under-theorized fact: that frequently in modern corporate restructuring only selected creditors are...

In my new monograph, Corporate Reorganization Law and Forces of Change (OUP 2020), I argue that it is not possible to adopt a fixed or universal conceptual framework in analysing the many different...

From ‘direct controls’ on banks to ‘prudential’ supervision In other times, the decision of a supervisory authority to prohibit dividend distributions to banks’ shareholders would not have made the...

The last week of March 2019 will be of unparalleled suspense for the European (cross-border) insolvency community. Only one day before the originally planned Brexit date, the European Parliament will...

In bankruptcy, as in corporate law, valuation drives disputes. Prior bankruptcy scholarship points to disagreements about valuation and judicial valuation error as key drivers of Chapter 11 outcomes...

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...

US bankruptcy, according to many, is failing small businesses. Federal bankruptcy law, it has been thought, provides the exclusive legal mechanism to reorganize a financially distressed business;...

Valuation, solvency, and adequate capitalization analyses play a crucial role in corporate reorganization. They are central to allowance of claims, adequate protection, avoidance actions such as...