Exploring New Approaches to Unsettled Legal Questions

Author: Ryan Knox

Discharging the Debt of a Third-Party Non-Debtor is Within the Authority of the Bankruptcy Courts

by Chelsea Ireland*

Is discharging the liability of a third-party non-debtor within the authority of the bankruptcy courts? In this Contribution, Chelsea Ireland (’18) addresses the circuit split as to whether bankruptcy courts can confirm reorganization plans that discharge the acquiring company’s liability to a class of creditors. This Contribution will argue that the discretion to discharge the liability of a third-party non-debtor is within the authority bankruptcy courts.

The Future of Dead-Hand Proxy Puts in Delaware: Alive and Well or Dead on Arrival?

by Caitlin Millat*

Does a board of directors’ power to direct a corporation allow it to tie its own hands in the course of negotiating debt agreements? In this Contribution, Caitlin Millat (’18) analyzes the problem of dead-hand proxy puts under Delaware law, considering whether these provisions are ever allowed, and if they are, under what standard of scrutiny they should be reviewed. This contribution argues that dead-hand proxy put provisions should be evaluated under the business judgment rule, not the Unocal enhanced scrutiny standard.

Page 2 of 2

Powered by WordPress & Theme by Anders Norén