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  • All HBS Web  (817)
    • People  (1)
    • News  (154)
    • Research  (512)
    • Events  (2)
    • Multimedia  (4)
  • Faculty Publications  (357)
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  • January 2005
  • Case

Managing Failure: American Bankruptcy Law at a Crossroads

By: David A. Moss, Mary Oey and Jonathan Lackow
Introduces the core principles and challenges of bankruptcy law (both individual and corporate) against the backdrop of the early 1970s, when the U.S. bankruptcy system appeared to be failing. With personal bankruptcy filings at record levels and successful corporate... View Details
Keywords: Change; Insolvency and Bankruptcy; Policy; Government Legislation; United States
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Moss, David A., Mary Oey, and Jonathan Lackow. "Managing Failure: American Bankruptcy Law at a Crossroads." Harvard Business School Case 705-024, January 2005.
  • 1988
  • Article

Shadows in Time: The Perils of Intergenerational Transfers

By: Dutch Leonard
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Leonard, Dutch. "Shadows in Time: The Perils of Intergenerational Transfers." Generational Journal (1988).
  • December 2003
  • Article

The Social Cost of Fraud and Bankruptcy

By: Joseph L. Bower and Stuart C. Gilson
Keywords: Cost; Society; Insolvency and Bankruptcy
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Bower, Joseph L., and Stuart C. Gilson. "The Social Cost of Fraud and Bankruptcy." Harvard Business Review 81, no. 12 (December 2003): 20–22.
  • Article

Myth and Measurement—The Case of Medical Bankruptcies

By: Raymond Kluender, Carlos Dobkin, Amy Finkelstein and Matthew Notowidigdo
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Kluender, Raymond, Carlos Dobkin, Amy Finkelstein, and Matthew Notowidigdo. "Myth and Measurement—The Case of Medical Bankruptcies." New England Journal of Medicine 378, no. 12 (March 22, 2018): 1076–1078.
  • July 1984
  • Supplement

Braniff International: The Ethics of Bankruptcy (B)

Supplements the (A) case. View Details
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Goodpaster, Kenneth E. "Braniff International: The Ethics of Bankruptcy (B)." Harvard Business School Supplement 385-002, July 1984.
  • winter 2007
  • Article

Bargaining in the Shadow of PeopleSoft's (Defective) Poison Pill

By: Guhan Subramanian
Keywords: Negotiation; Software; Information Technology Industry
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Subramanian, Guhan. "Bargaining in the Shadow of PeopleSoft's (Defective) Poison Pill." Harvard Negotiation Law Review (winter 2007).
  • December 2024
  • Article

Are Bankruptcy Professional Fees Excessively High?

By: Samuel Antill
Chapter 7 is the most popular bankruptcy system for U.S. firms and individuals. Chapter 7 professional fees are substantial. Theoretically, high fees might be an unavoidable cost of incentivizing professionals. I test this empirically. I study trustees, the most... View Details
Keywords: Insolvency and Bankruptcy; Motivation and Incentives; Policy
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Antill, Samuel. "Are Bankruptcy Professional Fees Excessively High?" Review of Financial Studies 37, no. 12 (December 2024): 3595–3647. (RFS Rising Scholar Best Paper Award; Lead Article and Editor's Choice.)
  • March 2009
  • Background Note

Note on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)

By: Stuart C. Gilson
In 2005, new legislation was passed by the U.S. Congress and signed into law by the President that introduced a number of major amendments to U.S. bankruptcy law, affecting both business and consumer bankruptcies. This legislation, called the Bankruptcy Abuse... View Details
Keywords: Government Legislation; Restructuring; Personal Finance; Laws and Statutes; Insolvency and Bankruptcy; Corporate Finance
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Gilson, Stuart C. "Note on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)." Harvard Business School Background Note 209-133, March 2009.
  • March 2012
  • Article

Subprime Foreclosures and the 2005 Bankruptcy Reform

By: Donald Morgan, Benjamin Iverson and Matthew Botsch
This article presents arguments and evidence suggesting that the bankruptcy abuse reform (BAR) of 2005 may have been one contributor to the destabilizing surge in subprime foreclosures. Before BAR took effect, overly indebted borrowers could file bankruptcy to free up... View Details
Keywords: Mortgages; Insolvency and Bankruptcy; Governing Rules, Regulations, and Reforms; Borrowing and Debt; United States
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Morgan, Donald, Benjamin Iverson, and Matthew Botsch. "Subprime Foreclosures and the 2005 Bankruptcy Reform." Federal Reserve Bank of New York Economic Policy Review 18, no. 1 (March 2012).
  • 09 Feb 2015
  • Working Paper Summaries

Cashing Out: The Rise of M&A in Bankruptcy

Keywords: by Stuart Gilson, Edith Hotchkiss & Matthew Osborn
  • May 2008
  • Article

Coerced Confessions: Self-Policing in the Shadow of the Regulator

By: Jodi L. Short and Michael W. Toffel
As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory... View Details
Keywords: Governance Compliance; Law Enforcement; Corporate Disclosure; Governing Rules, Regulations, and Reforms; Environmental Sustainability; Programs; Power and Influence; Organizations; Decisions; Business and Government Relations; United States
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Short, Jodi L., and Michael W. Toffel. "Coerced Confessions: Self-Policing in the Shadow of the Regulator." Journal of Law, Economics & Organization 24, no. 1 (May 2008): 45–71.
  • December 2020 (Revised September 2023)
  • Case

PG&E and the First Climate Change Bankruptcy

By: Stuart C. Gilson and Sarah L. Abbott
In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The... View Details
Keywords: Chapter 11; Utilities; Liabilities; Restructuring; Insolvency and Bankruptcy; Debt Securities; Legal Liability; Climate Change; Utilities Industry; United States
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Gilson, Stuart C., and Sarah L. Abbott. "PG&E and the First Climate Change Bankruptcy." Harvard Business School Case 221-057, December 2020. (Revised September 2023.)
  • March 2009 (Revised January 2025)
  • Background Note

A Strait of Uncertainty: Taiwan's Development in the Shadow of China

By: William C. Kirby, J. Megan Greene, Tracy Yuen Manty, Daniel Fu, Yuanzhuo Wang, Noah B. Truwit and Aqib Zakaria
Relations between the People’s Republic of China (PRC), on the Chinese Mainland, and the Republic of China (ROC), on Taiwan, had improved significantly since 2008. Taiwan investment in China had played a major role in China’s economic boom in recent decades. ... View Details
Keywords: History; Development Economics; Investment; Economic Growth; Cross-Cultural and Cross-Border Issues; Financial Crisis; China; Taiwan
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Kirby, William C., J. Megan Greene, Tracy Yuen Manty, Daniel Fu, Yuanzhuo Wang, Noah B. Truwit, and Aqib Zakaria. "A Strait of Uncertainty: Taiwan's Development in the Shadow of China." Harvard Business School Background Note 909-408, March 2009. (Revised January 2025.)
  • February 2022 (Revised May 2022)
  • Case

Jaypee Infratech and the Indian Bankruptcy Code

By: Kristin Mugford, William Vrattos and Radhika Kak
In 2016, India passed a new bankruptcy law (IBC) to counter a brewing bank crisis and increased corporate distress. Homebuilder Jaypee Infratech, one of India largest distressed companies (the “dirty dozen”) began restructuring under the IBC in 2017. Two years later,... View Details
Keywords: Restructuring; Decisions; Judgments; Voting; Developing Countries and Economies; Financial Crisis; Public Sector; Asset Pricing; Borrowing and Debt; Corporate Finance; Credit; Insolvency and Bankruptcy; Debt Securities; Bonds; Investment Return; Price; Government Legislation; Laws and Statutes; Bids and Bidding; Business and Stakeholder Relations; Risk and Uncertainty; Valuation; Real Estate Industry; India; Delhi
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Mugford, Kristin, William Vrattos, and Radhika Kak. "Jaypee Infratech and the Indian Bankruptcy Code." Harvard Business School Case 222-071, February 2022. (Revised May 2022.)
  • 13 Oct 2006
  • Working Paper Summaries

Coerced Confessions: Self-Policing in the Shadow of the Regulator

Keywords: by Jodi L. Short & Michael W. Toffel
  • November 2013 (Revised January 2015)
  • Case

Restructuring JAL

By: Malcolm Baker, Adi Sunderam, Nobuo Sato and Akiko Kanno
Hideo Seto, the recently appointed chairman of the investment committee of the Enterprise Turnaround Initiative Corporation, must decide whether to push JAL group, Japan's largest airline, into bankruptcy or to act as a sponsor in an out-of-court restructuring. The... View Details
Keywords: Bankruptcy; Costs Of Financial Distress; Cost vs Benefits; Air Transportation; Restructuring; Capital Structure; Insolvency and Bankruptcy; Air Transportation Industry; Japan; United States
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Baker, Malcolm, Adi Sunderam, Nobuo Sato, and Akiko Kanno. "Restructuring JAL." Harvard Business School Case 214-055, November 2013. (Revised January 2015.)
  • 2015
  • Book

Shadow Cold War: The Sino-Soviet Competition for the Third World

By: Jeremy Friedman
The conflict between the United States and the Soviet Union during the Cold War has long been understood in a global context, but Jeremy Friedman's Shadow Cold War delves deeper into the era to examine the competition between the Soviet Union and the People's... View Details
Keywords: Competition; War; International Relations; China; United States; Soviet Union
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Friedman, Jeremy. Shadow Cold War: The Sino-Soviet Competition for the Third World. Chapel Hill, NC: University of North Carolina Press, 2015.
  • 2024
  • Working Paper

Trade Policy in the Shadow of Conflict: The Case of Dual-use Goods

By: Maxim Alekseev and Xinyue Lin
Policymakers increasingly use trade instruments to address national security concerns. This paper studies optimal policy for dual-use goods, items with both military and civilian applications. We begin by documenting that regulation and trade flows of dual-use goods... View Details
Keywords: Policy; National Security; Trade; Taxation; Financial Instruments; Macroeconomics
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Alekseev, Maxim, and Xinyue Lin. "Trade Policy in the Shadow of Conflict: The Case of Dual-use Goods." Working Paper, October 2024.
  • August 2020 (Revised December 2020)
  • Case

Latam Airlines and COVID-19: Seeking Bankruptcy Protection in the United States

By: Laura Alfaro, Mauricio Larrain, Carlos Vilches and Sarah Jeong
On May 26, 2020, Latam Airlines became the largest airline in the world to be driven to bankruptcy by COVID-19. With a complex debt structure and international investor composition, the company decided to file for bankruptcy protection in the United States, which... View Details
Keywords: Airlines; Pandemic; Coronavirus Pandemic; Health Pandemics; Air Transportation; Insolvency and Bankruptcy; Capital Markets; Strategy; Latin America; Chile; United States
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Alfaro, Laura, Mauricio Larrain, Carlos Vilches, and Sarah Jeong. "Latam Airlines and COVID-19: Seeking Bankruptcy Protection in the United States." Harvard Business School Case 321-027, August 2020. (Revised December 2020.)
  • 20 Jul 2021
  • Research & Ideas

Bankruptcy Spells Death for Too Many Businesses

Chapter 11 bankruptcy protection is supposed to allow companies to shed debt and get a fresh start. Ideally, creditors recover most of what they’re owed as the restructured firm begins turning a profit. Yet,... View Details
Keywords: by Rachel Layne
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