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COVID-19
Commercial Law

Bail-ins and Bail-outs Are Better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress

Kristin van Zwieten, Harris Manchester College | Horst Eidenmüller, St Hugh's College | Oren Sussman

COVID-19 has significantly disrupted the conduct of business around the globe. In jurisdictions that impose one or more ‘lockdowns’, multiple sectors of the real economy must endure prolonged periods...

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COVID-19
Commercial Law

GCGC/ECGI Global Webinar Series - Bankruptcy’s Role in the COVID-19 Crisis

Edward Morrison | Andrea Saavedra

Current policy discussions tend to minimize the role of bankruptcy law in mitigating the financial fallout from COVID-19. Scholars too are unsure about the merits of bankruptcy, especially Chapter 11...

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Commercial Law
Corporate Governance

The Future of Reorganization Procedures in the Era of Pre-Insolvency Law

Aurelio Gurrea Martínez

Several countries and regions around the world, including Singapore, the United Kingdom, and the European Union are amending their restructuring framework to implement a pre-insolvency mechanism that...

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Commercial Law
Corporate Finance

Secured Credit and Effective Entity Priority

Christopher W. Frost

My new paper, Secured Credit and Effective Entity Priority addresses a puzzle in bankruptcy and secured transactions law regarding the scope of security interests. Under existing law, security...

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Commercial Law
Corporate Governance
Financial Regulation

Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes

Benjamin Iverson | Joshua Madsen | Qiping Xu | Wei Wang

In spite of the important role that judges play in the bankruptcy reorganisation process, little is known about the effects of their experience and personal attributes on case outcomes. Our recent...

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Corporate Governance
Financial Regulation

Bankruptcy’s Three Ages

Mark J. Roe

Embedded in the American Bankruptcy Code are three decision-making methods—administration, a deal among existing creditors, and a sale of the firm intact. The Code’s text and intent privilege a deal...

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