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      Shadow Of BankruptcyRemove Shadow Of Bankruptcy →

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      • 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 2009 (Revised November 2016)
      • Case

      Washington Mutual's Covered Bonds

      By: Daniel Baird Bergstresser, Robin Greenwood and James Quinn
      Washington Mutual issued 6 billion euro of covered bonds in 2006. The objective of the case is to ask whether these bonds are mispriced in late 2008. The case is set in September 2008, and Washington Mutual is facing considerable distress due to mounting losses in its... View Details
      Keywords: Capital Markets; Financial Liquidity; Bonds; Mortgages; Price; Banking Industry; United States
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      Bergstresser, Daniel Baird, Robin Greenwood, and James Quinn. "Washington Mutual's Covered Bonds." Harvard Business School Case 209-093, March 2009. (Revised November 2016.)
      • March 2009 (Revised November 2009)
      • Case

      WL Ross and Plascar

      By: C. Fritz Foley and Linnea Meyer
      How can distressed investors take advantage of the procedures governing an international bankruptcy? Wilbur L. Ross, chairman and CEO of the private equity firm WL Ross & Co., LLC, has the opportunity to bid for debt and equity claims on Plascar Industria e Comercio... View Details
      Keywords: Borrowing and Debt; Private Equity; Insolvency and Bankruptcy; Investment; Cross-Cultural and Cross-Border Issues; Globalized Firms and Management; Globalized Markets and Industries
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      Foley, C. Fritz, and Linnea Meyer. "WL Ross and Plascar." Harvard Business School Case 209-091, March 2009. (Revised November 2009.)
      • March 2009 (Revised March 2010)
      • Case

      Groupe Eurotunnel S.A. (A)

      By: Stuart C. Gilson, Vincent Marie Dessain and Sarah Abbott
      In the summer of 2006, the chairman and CEO of Eurotunnel Group is faced with the decision whether to file for bankruptcy protection, after having failed to gain creditor approval of an ambitious out-of-court restructuring plan. The company, which has been attempting... View Details
      Keywords: Restructuring; Capital Structure; Insolvency and Bankruptcy; Laws and Statutes; Risk Management; Rail Industry; France; United Kingdom
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      Gilson, Stuart C., Vincent Marie Dessain, and Sarah Abbott. "Groupe Eurotunnel S.A. (A)." Harvard Business School Case 209-062, March 2009. (Revised March 2010.)
      • March 2009
      • Supplement

      Groupe Eurotunnel S.A. (B): Restructuring Under the Procedure de Sauvegarde

      By: Stuart C. Gilson, Vincent Marie Dessain and Sarah Abbott
      In mid-2007 the chairman and CEO of Eurotunnel Group, having elected to file for bankruptcy under a newly-enacted French insolvency law, awaits the outcome of a vote by creditors and shareholders. At least 50% of the shareholders must approve the plan, however they... View Details
      Keywords: Restructuring; Capital Structure; Insolvency and Bankruptcy; Law; Valuation; Assets; Investment Funds; Voting; Business and Shareholder Relations; Ownership; Outcome or Result; France
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      Gilson, Stuart C., Vincent Marie Dessain, and Sarah Abbott. "Groupe Eurotunnel S.A. (B): Restructuring Under the Procedure de Sauvegarde." Harvard Business School Supplement 209-113, March 2009.
      • 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.)
      • March 2009 (Revised November 2009)
      • Supplement

      Washington Mutual's Covered Bonds Courseware

      By: Daniel Baird Bergstresser, Robin Greenwood and James Quinn
      Washington Mutual issues 6 billion Euro of covered bonds in 2006. The objective of the case is to ask whether these bonds are mispriced in late 2008. The case is set in September 20008, and Washington Mutual is facing considerable distress due to mounting losses on its... View Details
      Keywords: Banks and Banking; Bonds; Education; Information; Banking Industry
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      Bergstresser, Daniel Baird, Robin Greenwood, and James Quinn. "Washington Mutual's Covered Bonds Courseware." Harvard Business School Spreadsheet Supplement 209-724, March 2009. (Revised November 2009.)
      • January 2009
      • Supplement

      The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (B2)

      By: Clayton S. Rose, Daniel Baird Bergstresser and David Lane
      Bear Stearns & Co burned through nearly all of its $18 billion in cash reserves during the week of March 10, 2008, and an unprecedented provision of liquidity support from the Federal Reserve on Friday March 13 was insufficient to reverse the decline in Bear's... View Details
      Keywords: Economic Slowdown and Stagnation; Capital; Insolvency and Bankruptcy; Financial Liquidity; Banks and Banking; Governance; Crisis Management; Goals and Objectives; System; Valuation; New York (state, US)
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      Rose, Clayton S., Daniel Baird Bergstresser, and David Lane. "The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (B2)." Harvard Business School Supplement 309-091, January 2009.
      • January 2009 (Revised November 2011)
      • Case

      The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (A)

      By: Clayton S. Rose, Daniel Baird Bergstresser and David Lane
      "Bear Stearns & Co. burned through nearly all of its $18 billion in cash reserves during the week of March 10, 2008, and an unprecedented provision of liquidity support from the Federal Reserve on Friday, March 13 was insufficient to reverse the decline in Bear's... View Details
      Keywords: Mergers and Acquisitions; Financial Crisis; Capital; Financial Liquidity; Financial Strategy; Corporate Governance; Crisis Management; Business and Stakeholder Relations; Competition; Valuation; Financial Services Industry
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      Rose, Clayton S., Daniel Baird Bergstresser, and David Lane. "The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (A)." Harvard Business School Case 309-001, January 2009. (Revised November 2011.)
      • January 2009
      • Supplement

      The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (B1)

      By: Clayton S. Rose, Daniel Baird Bergstresser and David Lane
      Bear Stearns & Co burned through nearly all of its $18 billion in cash reserves during the week of March 10, 2008, and an unprecedented provision of liquidity support from the Federal Reserve on Friday March 13 was insufficient to reverse the decline in Bear's... View Details
      Keywords: Economic Slowdown and Stagnation; Capital; Financial Liquidity; Banks and Banking; Governance; Crisis Management; Failure; Business and Stakeholder Relations; Balance and Stability; Valuation; New York (state, US)
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      Rose, Clayton S., Daniel Baird Bergstresser, and David Lane. "The Tip of the Iceberg: JP Morgan Chase and Bear Stearns (B1)." Harvard Business School Supplement 309-070, January 2009.
      • January 2009 (Revised April 2009)
      • Case

      Disaster in April: The Obligations of Kelly Construction

      By: John D. Macomber, Christopher M. Gordon and Ben Creo
      A construction company experiences a crane accident with multiple fatalities. The CEO, a client, and an employee must make choices to meet the company's obligations. Set in 2006, the case looks at the choices faced by board members of a museum that is an important... View Details
      Keywords: Business Exit or Shutdown; Family Business; Insolvency and Bankruptcy; Governing and Advisory Boards; Compensation and Benefits; Contracts; Crisis Management; Construction Industry
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      Macomber, John D., Christopher M. Gordon, and Ben Creo. "Disaster in April: The Obligations of Kelly Construction." Harvard Business School Case 209-099, January 2009. (Revised April 2009.)
      • December 2008 (Revised February 2010)
      • Teaching Note

      Amazon.com: The Brink of Bankruptcy (TN)

      By: Lynda M. Applegate
      Teaching Note for [809014]. View Details
      Keywords: Insolvency and Bankruptcy; Consumer Products Industry
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      Applegate, Lynda M. "Amazon.com: The Brink of Bankruptcy (TN)." Harvard Business School Teaching Note 809-081, December 2008. (Revised February 2010.)
      • October 2008 (Revised October 2009)
      • Case

      New Century Financial Corporation

      By: Krishna G. Palepu, Suraj Srinivasan and Aldo Sesia
      After years of rapid growth and stock price appreciation, New Century Financial Corporation, one of the largest subprime loan originators in the U.S., reported accounting problems in early 2007. The resulting liquidity crisis forced the company to file for Chapter 11... View Details
      Keywords: Accounting Audits; Financial Reporting; Business Model; Financial Crisis; Insolvency and Bankruptcy; Mortgages; Financial Services Industry; United States
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      Palepu, Krishna G., Suraj Srinivasan, and Aldo Sesia. "New Century Financial Corporation." Harvard Business School Case 109-034, October 2008. (Revised October 2009.)
      • August 2008 (Revised May 2009)
      • Case

      Kmart and ESL Investments (A)

      By: Stuart C. Gilson and Sarah Abbott
      A major bankrupt retailer is poised to emerge from Chapter 11. Two activist hedge funds ("vulture investors") will own over 50% of reorganized Kmart's common stock, based on prior investments in Kmart's debt claims, and an infusion of new equity financing. The Chapter... View Details
      Keywords: Restructuring; Capital Structure; Insolvency and Bankruptcy; Investment; Investment Activism; Valuation; Financial Services Industry; Retail Industry; United States
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      Gilson, Stuart C., and Sarah Abbott. "Kmart and ESL Investments (A)." Harvard Business School Case 209-044, August 2008. (Revised May 2009.)
      • July 2008 (Revised July 2019)
      • Case

      Amazon: The Brink of Bankruptcy

      By: Lynda M. Applegate
      Enables a thorough analysis of the Amazon.com business model and its evolution from 1994 to 2001. The case ends with the company poised on the brink of bankruptcy and enables discussion of how to turnaround the company and leverage proprietary assets. View Details
      Keywords: Business Model; Restructuring; Entrepreneurship; Insolvency and Bankruptcy; Business History; Leading Change; Organizational Change and Adaptation; Strategy
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      Applegate, Lynda M. "Amazon: The Brink of Bankruptcy." Harvard Business School Case 809-014, July 2008. (Revised July 2019.)
      • July 2008 (Revised April 2009)
      • Case

      Advanced Micro Devices: Competing in the Shadow of a Giant (A)

      By: Willy C. Shih and Andrew A. King
      As the only significant competitor to Intel Corporation in PC microprocessors, Advanced Micro Devices faced daunting investment choices. Not only did it have to fund microprocessor design teams, it also had to fund silicon process R&D, and it faced huge capital... View Details
      Keywords: Investment; Operations; Partners and Partnerships; Competitive Strategy; Technology Industry
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      Shih, Willy C., and Andrew A. King. "Advanced Micro Devices: Competing in the Shadow of a Giant (A)." Harvard Business School Case 609-002, July 2008. (Revised April 2009.)
      • 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.
      • Article

      Pricing in the Shadow of Firm Turnover: ISPs in the 1990s

      By: Greg Stranger and Shane Greenstein
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      Stranger, Greg, and Shane Greenstein. "Pricing in the Shadow of Firm Turnover: ISPs in the 1990s." International Journal of Industrial Organization 26, no. 3 (May 2008): 625–642.
      • March 2008 (Revised June 2012)
      • Background Note

      ADR Choices

      By: Michael Wheeler, James Sebenius and Marjorie Aaron
      Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details
      Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management
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      Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.)
      • January 2008 (Revised May 2009)
      • Case

      Restructuring at Delphi Corporation (A)

      By: Stuart C. Gilson and Sarah L. Abbott
      Delphi Corporation, operating under Chapter 11 bankruptcy protection, has filed a plan of reorganization with the court, under which a consortium of hedge funds led by Appaloosa Management will invest up to $2.6 billion in new equity. Also participating in the plan is... View Details
      Keywords: Restructuring; Capital Structure; Private Equity; Insolvency and Bankruptcy; Investment Funds; Labor and Management Relations; Auto Industry; Service Industry
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      Gilson, Stuart C., and Sarah L. Abbott. "Restructuring at Delphi Corporation (A)." Harvard Business School Case 208-069, January 2008. (Revised May 2009.)
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