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BRUCE MARKELL

2023

Articles

• Two-Steps Forward, Three-Steps Back: Johnson & Johnson and the Texas Two-Step, 31 Insolvency Law Journal 126 (2023).

• Even Homer Nods . . . About Executory Contracts, 43 Bankruptcy Law Letter No. 12 (Dec. 2023).

• Predatory Lending, Twyne’s Case and Dean v. Davis, Bankruptcy Law Letter 1 (May 2023).

2022

Books

• Cases and Materials on Contracts: Making and Doing Deals, 6th ed. (2022) (Co-authored by: David G. Epstein & Lawrence Ponoroff).

Articles

• Bank Error in Your Favor: Citibank and the Billion Dollar Bumble, 42, Bankruptcy Law Letter No. 11 (2022).

• Examining Exculpation’s Ethics: Rethinking the Ethical Duties of a Debtor’s Attorney in Reorganization, 42, Bankruptcy Law Letter No. 6 (2022).

2021

Books

• Bankruptcy: Dealing with Financial Failure for Individuals and Businesses, 5th ed. (2021) (Co-authored by: David G. Epstein, Steve Nickles & Larry Ponoroff).

Articles

• Right Place, Wrong Route: Good Faith, Madoff and the Second Circuit, 41, Bankruptcy Law Letter No. 12 (Dec. 2021).

• Domestic Entities as Chapter 15 Debtors: A Possibility?, 41 Bankruptcy Law Letter No. 7 (July 2021).

2020

Articles

• Wheel of Fortune: Securitization, Executory Contracts and Avianca, 40, Bankruptcy Law Letter No. 12 (Dec. 2020).

• Courting Equity in Bankruptcy, 94 American Bankruptcy Law Journal 227 (2020).

• Big Changes for Small Business, 40 Bankruptcy Law Letter No. 6 (2020).

• Where Does the Flame Go When the Candle Is Blown Out, or Why Can’t Courts Grasp the Concept of Intangibles?, 40 Bankruptcy Law Letter No. 9 (Sept. 2020).

• Corporate B¬ankruptcy Panel—The Fraudulent Conveyance Origins of Chapter 11: An Essay on the Unwritten Law of Corporate Reorganizations, 36 Emory Bankruptcy Developments Journal 671 (2020) (Co-authored by: Douglas Baird, Sarah R. Borders, Richard Levin & David Skeel).

• Lawyers, Judges and Unwritten Rules, 36 Emory Bankruptcy Developments Journal 719 (2020).

• Small Business and Bankruptcy: Recent Changes in Kosovo and the United States Compared, 26 University Of Miami International & Comparative Law Review 255 (2020).

• The Needs of the Many: Equitable Mootness’ Pernicious Effects, 93 American Bankruptcy Law Journal 377 (2019).

• The Road to Perdition: I80 Equipment, Woodbridge and Liddle Pave the Way, 39, Bankruptcy Law Letter No. 11 (Nov. 2019).

2019

Articles

• What’s Good About Good Faith in Confirmations?, 39 No.9 Bankruptcy Law Letter (Sept. 2019).

• The Not-So-Terrible “T’s”: Tempnology and Taggart, Bankruptcy Law Letter 39, No. 7 (July 2019).

2018

Books

• Bankruptcy: Dealing With Financial Failure for Individuals and Businesses, 4th ed. (2015) (Co-authored by: David G. Epstein, Steve Nickles & Larry Ponoroff).

• Cases and Materials on Contracts: Making and Doing Deals, 5th ed. (2018) (Co-authored by: David G. Epstein, & Lawrence Ponoroff).

Articles

• Infinite Jest: The Otiose Quest for Completeness in Validating Insolvency Judgments, 93 Chicago-kent Law Review 751 (2018).

• Thoughts on the Discharge and Contempt, 38 Bankruptcy Law Letter No. 9 (Sept. 2018).

• Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates, 33 Emory Bankruptcy Developments Journal 92 (2016).

• Reining in the Rich: Using Equity to Thwart Offshore Asset Protection Trusts, Annual Review of Insolvency Law 2017 473, edited by Janis Sarra & Hon. Barbara Romaine (2018).

• Substantive Consolidation in United States Bankruptcy Cases, Insol World 20 (Fourth Quarter 2017) (Co-authored by: Mark D. Bloom).

• Thinking Outside the Boundaries: Extraterritoriality and Avoiding Powers, Bankruptcy Law Letter (Mar. 2018).

2017

Articles

• Comments on Selfishly-Settled Trusts: Fulminations Over Fraud and Asset Protection Trusts, 37 No. 11 Bankruptcy Law Letter (Nov. 2017).

• Husky, Actual Fraud, and Fraud on the Court, 37 No. 2 Bankruptcy Law Letter (Feb. 2017).

• Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates, Harvard Law School Bankruptcy Roundtable (Feb. 7, 2017).

• The Dysfunction of Ponzi Presumptions, 36 No. 11 Bankruptcy Law Letter (Nov. 2016).

• Fool’s Gold?: Opting Out of Bankruptcy By Manipulating State Entity Law, 36 No. 8 Bankruptcy Law Letter (Aug. 2016).

• Response: Structured Lingchi: Czyzewski v. Jevic Holding Corp., George Washington Law Review On The Docket (Apr. 3. 2017).

Legal Documents

• Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments (2017) (Co-authored by: Ralph Brubaker, Charles W. Mooney, Jr., & Mark J. Roe).

• Amicus Brief on Arbitrability of the Discharge (Anderson v. Credit One Bank), University of Illinois College of Law Legal Studies Research Paper No. 17-30 (2017) (Co-authored by: Ralph Brubaker, & Robert M. Lawless).

• Brief of Amici Curiae Professors Ralph Burbaker, Robert M. Lawless, and Bruce A. Markell in Support of Appellee, Anderson v. Credit One Bank, No. 16-2496 (Feb. 27, 2017) (Co-authored by: Ralph Brubaker, & Robert M. Lawless).

2016

Articles

• Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates, 33 Bankruptcy Developments Journal 92 (2016).

• ’Shoot the. . .’: Holes in Make Whole Premiums, 36, Bankruptcy Law Letter No. 5 (May 2016).

• To Market, To Market: Momentive and Secured Creditor Cram Down Interest Rates, 36, Bankruptcy Law Letter No. 2 (February 2016).

• Equitable Cuteness: Of Mountains and Mice, 35, Bankruptcy Law Letter No. 11 (November 2015).

Contributions to Books

• Comity, Chapter 15, and the Enforcement of Foreign Country Money Judgments in the United States, in Annual Review of Insolvency Law 697 (Janis Sarra & Hon. Barbara Romaine eds. 2016).

2015

Books

• Bankruptcy: 21st Century Debtor-creditor Law (including Bapcpa), 4th ed. (West Group forthcoming 2015) (Co-authored by: David G. Epstein, Steve Nickles and Larry Ponoroff).

Articles

• Loser’s Lament: Caulkett and ASARCO, Bankruptcy Law Letter (Aug. 2015) at NL1.

2014

Books

• Contracts: Making and Doing Deals, 4th ed. (West Academic Group 2014) (Co-authored by: David G. Epstein and Lawrence Ponoroff).

2010

Books

• Bankruptcy: 21st Century Debtor-creditor Law (including Bapcpa), 3rd ed. (West Group 2010) (Co-authored by: David G. Epstein, Steve Nickles and Larry Ponoroff).

2009

Books

• Transnational Cooperation In Bankruptcy and Insolvency Matters (Oxford University Press 2009) (Co-authored by: Professors Bob Wessels and Jason Kilborn).

• Transnational Cooperation In Bankruptcy and Insolvency Matters, 2d edition commissioned (Oxford University Press forthcoming 2016) (Co-authored by: Professors Bob Wessels and Jason Kilborn).

2007

Articles

• The Sub Rosa Subchapter: Individual Debtors in Chapter 11 After BAPCPA, 2007 Illinois Law Review 67.

2005

Articles

• Bewitched By Language: Wittgenstein and the Practice of Law, 32 Pepperdine Law Review 801 (2005).