Featured Articles

Zywicki on the Chrysler Bankruptcy: Whither the Rule of Law?

Steve Jakubowski
May 15, 2009 04:24

Todd Zywicki, the University Foundation Professor of Law at George Mason University's School of Law, has been a friend to me and this blog since very early in my blogging career back in 2005 when his first of many links to one of my posts on the Volokh Conspiracy blog multiplied my puny site...

Chrysler's Bankruptcy Sale Opinion - Part I: Proving "What Goes Around, Comes Around"

Steve Jakubowski
June 04, 2009 23:22

Well it's official, and really no surprise:  Judge Gonzalez in this opinion (WL) approved the sale of Chrysler's assets in the Fiat Transaction "free and clear of liens, claims, interests and encumbrances." Part I of my quick take on the opinion focuses on the most discussed elements...

US Supreme Court Bankruptcy Watch: Readying for Stern v. Marshall -- A Bombshell or a Dud?

Steve Jakubowski
June 20, 2011 07:26

Three or four more opinion days before the United States Supreme Court's term closes.  Sixteen opinions have yet to be delivered.  But if a lifelong, diehard, Bronx-born Yankee fan, Justice Sotomayor (who some say saved baseball), is willing to sport a CUBS jersey while throwing out...

Voyage of the Damned: The GM Tort Claimants' Opening Appellate Brief -- Brother, Can You Spare a Quarter?

Steve Jakubowski
September 24, 2009 06:07

What started out a couple months ago as a "Slow Boat to China," today feels more like the Voyage of the Damned.  Yesterday I filed this "Opening Brief" (plus the Sale Opinion at Appendix A and the Sale Order and MPA at Appendix B) on behalf of my five clients in our...

Out of the Fray ... Onto the "Slow Boat to China": Putting the Brakes on the GM Bankruptcy Appeal

Steve Jakubowski
July 08, 2009 17:22

Three weeks ago, as I discussed here, I jumped into the GM fray and filed this objection on behalf 5 product liability claimants who, absent the "free and clear" sale protections sought by GM under Section 363, would have had the right to add the Purchaser as an additional defendant...

Some Thoughts on a GM Bankruptcy: An NPR Interview

Steve Jakubowski
November 13, 2008 04:41

Got a cold call today from NPR's Alex Blumberg, host of NPR's Planet Money, who interviewed me about the prospects and pitfalls of a GM bankruptcy.  Here are links to the NPR post and the podcast.  The interview begins a couple of minutes into the podcast. Special thanks to Alex...

Recent Articles

Mama Don't Take My Kodachrome Away!: Kodak's Chapter 11 -- A Bridge Over Troubled Water

Steve Jakubowski
February 01, 2012 02:50

Eastman Kodak Company’s bankruptcy is another in a string of recent chapter 11 filings by established brand names that lack a clear exit strategy (others are Borders, Hostess, AMR ... Europe!).  So much for the "end of bankruptcy"!  As noted in Matt Daneman's article this...

Mark Your Calendar for West LegalEd'sTrilogy of Worthy Webinars on Distressed Business Alternatives

Steve Jakubowski
January 30, 2012 06:54

West Legal Education Center, in conjunction with Buyouts Magazine, peHub, Venture Capital Journal, Thomson Reuters West, and DailyDAC, deliver a webinar trilogy -- The Restructuring, Insolvency & Distressed Investing For 2012 -- featuring some of this country's finest restructuring...

Freshness Never Looked So Disheartening: Hostess' Round Trip to Bankruptcy Court Begins

Steve Jakubowski
January 12, 2012 14:09

As noted in Steve Mufson's excellent summary in today's Washington Post (made all the more excellent by having quoted me!), the iconic Hostess Brands fell into bankruptcy yesterday.  As with every bankruptcy case, the best summary is found in the "first day affidavit" of the...

"Going Out of Business" Sales: An Interview with NPR's Planet Money

Steve Jakubowski
December 28, 2011 04:41

Planet Money's Zoe Chace today aired an excellent story on retail "going out of business" sales.  This 6 minute piece is a whirlwind glimpse into these sales from the perspective of the liquidator, the retailer and its staff, the consumer, and the bankruptcy lawyer (me).  Thanks...