An evaluation problem exists when winding up executory contracts in case of insolvency. The trustee has difficulties in …

unlikely to be resolved efficiently through bankruptcy, as the risk of an operating default for the socially important … positive externalities on the general public, rendering the main features of bankruptcy, namely, debtor-in-possession rules and …

the efficiency of insolvency and enforcement processes. Traditionally, these processes in Italy have taken very long … explores the recent insolvency and enforcement reforms and the remaining challenges. These reforms introduce important positive … mechanisms, supplemented by a more intensive use of informal and hybrid debt-restructuring solutions. Moreover, there is an …

shareholders in bankruptcy, managers' principal allegiance, and many other issues. In Section III, I consider two major shifts that … risk in bankruptcy — and consider its potential relevance for the hotly debated, current question of the scope of a secured … creditor's lien in bankruptcy …

Since the enactment of the Dodd-Frank Act in 2010, U.S. bank regulation and bankruptcy have become far more closely … intertwined. In this Article, I ask whether the new synthesis of bank regulation and bankruptcy is coherent, and whether it is … administrative process in the U.S., and bankruptcy, which relies more on courts and the parties themselves. I then focus on a series …

enforcement of absolute priority and government priority in bankruptcy. We show that deviations from absolute priority reduce the … implications of our findings for bankruptcy law reform, especially with respect to the priority of tax claims in bankruptcy and the …