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- November 2023 (Revised April 2024)
- Case
Celsius Network Inc.: Fear, Uncertainty, and Doubt in the Brave New World of Crypto Bankruptcy
By: Stuart C. Gilson and Sarah L. Abbott
In July 2022, Celsius Network filed for Chapter 11 bankruptcy. CEO Alex Mashinsky acknowledged that Celsius had grown its assets “faster than the Company was prepared to deploy [them]” and as a result had made “certain poor asset deployment decisions.” Two months after...
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Keywords:
Cryptocurrency;
Chapter 11;
Restructuring;
Insolvency and Bankruptcy;
Asset Management;
Acquisition;
Borrowing and Debt;
Financial Services Industry;
United States
Gilson, Stuart C., and Sarah L. Abbott. "Celsius Network Inc.: Fear, Uncertainty, and Doubt in the Brave New World of Crypto Bankruptcy." Harvard Business School Case 224-044, November 2023. (Revised April 2024.)
- Article
Do the Right Firms Survive Bankruptcy?
By: Samuel Antill
In U.S. Chapter 11 bankruptcy cases, firms are either reorganized, acquired, or liquidated. I show that decisions to liquidate often reduce creditor recovery, costing creditors billions of dollars every year. I exploit the within-district random assignment of...
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Keywords:
Bankruptcy;
Bankruptcy Reorganization;
Recovery Rate;
Structural Estimation;
Roy Model;
363 Sales;
Insolvency and Bankruptcy;
Governing Rules, Regulations, and Reforms
Antill, Samuel. "Do the Right Firms Survive Bankruptcy?" Journal of Financial Economics 144, no. 2 (May 2022): 523–546.
- February 2022 (Revised March 2022)
- Case
Hertz in Bankruptcy: A Wild Ride in Pandemic Times
Hertz filed for Chapter 11 bankruptcy in response to asset-backed securities (ABS) obligations and the COVID-19 pandemic. Enthusiastic Robinhood investors and shrewd negotiating tactics helped Hertz stabilize. Roughly nine months into the bankruptcy, Hertz received...
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Keywords:
Bankruptcy Reorganization;
COVID-19 Pandemic;
Insolvency and Bankruptcy;
Health Pandemics;
Valuation;
Capital Structure;
Negotiation;
Private Equity;
Travel Industry;
United States
Antill, Samuel, Stuart Gilson, and Kristin Mugford. "Hertz in Bankruptcy: A Wild Ride in Pandemic Times." Harvard Business School Case 222-064, February 2022. (Revised March 2022.)
- 2024
- Working Paper
Consumer Choice and Corporate Bankruptcy
By: Samuel Antill and Megan Hunter
We estimate the indirect costs of corporate bankruptcy associated with lost
customers. In incentivized experiments, randomly informing consumers about a firm’s Chapter 11 reorganization lowers their willingness to pay for the firm’s products by 18-35%. Up
to 48% of...
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Keywords:
Consumer Choice;
Bankruptcy;
Financial Distress;
Structural Estimation;
Experimental Economics;
Hertz;
Insolvency and Bankruptcy;
Consumer Behavior
Antill, Samuel, and Megan Hunter. "Consumer Choice and Corporate Bankruptcy." Working Paper, January 2024. (Revise & Resubmit, Journal of Finance.)
- January 2021 (Revised May 2021)
- Case
Aptiv PLC Board of Directors (A)
By: Lynn S. Paine and Will Hurwitz
Aptiv’s board must decide whether a joint venture with an auto maker is the right next step in the company’s efforts to develop and commercialize a production-ready autonomous driving system. While many commentators believed that Aptiv’s self-driving technologies had...
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Keywords:
Automotive Industry;
Bankruptcy Reorganization;
Board Of Directors;
Board Committees;
Board Decisions;
Board Dynamics;
Corporate Boards;
Innovation And Strategy;
Legal Aspects Of Business;
Spin Off;
Strategic Alliances;
Strategic Change;
Strategic Evolution;
Supplier Relationships;
Technological Change;
Corporate Governance;
Governing and Advisory Boards;
Innovation Strategy;
Going Public;
Joint Ventures;
Leadership;
Restructuring;
Technological Innovation;
Transformation;
Auto Industry;
Europe;
United States
Paine, Lynn S., and Will Hurwitz. "Aptiv PLC Board of Directors (A)." Harvard Business School Case 321-050, January 2021. (Revised May 2021.)
- 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...
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Keywords:
Chapter 11;
Utilities;
Liabilities;
Restructuring;
Insolvency and Bankruptcy;
Debt Securities;
Legal Liability;
Climate Change;
Utilities Industry;
United States
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.)
- 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...
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Keywords:
Airlines;
Pandemic;
Coronavirus Pandemic;
Health Pandemics;
Air Transportation;
Insolvency and Bankruptcy;
Capital Markets;
Strategy;
Latin America;
Chile;
United States
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.)
- September 2019
- Article
Bankruptcy Spillovers
By: Shai Bernstein, Emanuele Colonnelli, Xavier Giroud and Benjamin Iverson
How do different bankruptcy approaches affect the local economy? Using U.S. Census microdata, we explore the spillover effects of reorganization and liquidation on geographically proximate firms. We exploit the random assignment of bankruptcy judges as a source of...
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Keywords:
Agglomeration;
Insolvency and Bankruptcy;
Economy;
Governing Rules, Regulations, and Reforms
Bernstein, Shai, Emanuele Colonnelli, Xavier Giroud, and Benjamin Iverson. "Bankruptcy Spillovers." Special Issue on Labor and Finance. Journal of Financial Economics 133, no. 3 (September 2019): 608–633.
- July 2019
- Article
Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs Liquidation
By: Samuel Antill and Steven R. Grenadier
We model a firm’s optimal capital structure decision in a framework in which it may later choose to enter either Chapter 11 reorganization or Chapter 7 liquidation. Creditors anticipate equityholders’ ex-post reorganization incentives and price them into the ex-ante...
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Keywords:
Default;
Dynamic Bargaining;
Capital Structure;
Insolvency and Bankruptcy;
Mathematical Methods
Antill, Samuel, and Steven R. Grenadier. "Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs Liquidation." Journal of Financial Economics 133, no. 1 (July 2019): 198–224.
- April 2019 (Revised December 2021)
- Case
Sears: The Demise of an American Icon
By: Kristin Mugford and Sarah L. Abbott
In 2019, ESL Investments’ $5.2 billion offer to purchase Sears Holdings out of Chapter 11 bankruptcy, was accepted, despite opposition from the company's unsecured creditors and other parties. ESL, which was led by Eddie Lampert, had acquired a stake in Sears following...
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Keywords:
Bankruptcy;
Reorganization;
Bonds;
Restructuring;
Business Divisions;
Transformation;
Fairness;
Borrowing and Debt;
Credit;
Insolvency and Bankruptcy;
Corporate Governance;
Motivation and Incentives;
Retail Industry;
United States
Mugford, Kristin, and Sarah L. Abbott. "Sears: The Demise of an American Icon." Harvard Business School Case 219-106, April 2019. (Revised December 2021.)
- February 2019 (Revised January 2021)
- Case
Quiksilver Inc. and Oaktree Capital Management
By: Kristin Mugford and Mike Harmon
Sports lifestyle company Quiksilver filed for bankruptcy in September 2015. Oaktree is considering an additional investment in the company to facilitate the restructuring.
Students must consider whether Oaktree should invest given the risks of the turnaround...
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Keywords:
Bankruptcy;
Bankruptcy Reorganization;
Insolvency and Bankruptcy;
Acquisition;
Restructuring;
Debt Securities;
Transformation;
Decision Making;
Borrowing and Debt;
Investment Return;
Crisis Management;
Negotiation;
Retail Industry;
Apparel and Accessories Industry;
Consumer Products Industry;
France;
United States
Mugford, Kristin, and Mike Harmon. "Quiksilver Inc. and Oaktree Capital Management." Harvard Business School Case 219-097, February 2019. (Revised January 2021.)
- April 2018 (Revised September 2023)
- Case
Sabine Oil & Gas Corporation
By: Stuart C. Gilson, Kristin Mugford and Sarah L. Abbott
In 2016, a trial began to determine the future of Sabine Oil & Gas Corporation’s $3 billion chapter 11 reorganization plan. The plan called for first- and second-lien-secured creditors to receive new claims representing approximately 98% of the reorganized company’s...
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Keywords:
Corporate Reorganization;
Chapter 11;
Oil & Gas;
Bankruptcy;
Bankruptcy Reorganization;
Insolvency and Bankruptcy;
Energy;
Restructuring;
Valuation;
United States
Gilson, Stuart C., Kristin Mugford, and Sarah L. Abbott. "Sabine Oil & Gas Corporation." Harvard Business School Case 218-004, April 2018. (Revised September 2023.)
- 2015
- Working Paper
Cashing Out: The Rise of M&A in Bankruptcy
By: Stuart Gilson, Edith Hotchkiss and Matthew Osborn
The use of M&A in bankruptcy has increased dramatically in recent years, leading to concerns that the Chapter 11 process has shifted toward excessive liquidation of viable firms. In this paper, we argue that the rise of M&A has blurred traditional distinctions between...
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Keywords:
M&A;
Chapter 11;
Distress;
Bankruptcy;
Mergers and Acquisitions;
Insolvency and Bankruptcy
Gilson, Stuart, Edith Hotchkiss, and Matthew Osborn. "Cashing Out: The Rise of M&A in Bankruptcy." Harvard Business School Working Paper, No. 15-057, January 2015.
- November 2013
- Supplement
Arch Wireless, Inc. (B): Food for Vultures
By: Stuart C. Gilson
In 2002, a hedge fund investor acquires the distressed bank debt of a bankrupt wireless paging company and converts his holding into common stock of the reorganized entity. Determining his likely return from this investment is challenging, given that the entire...
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- December 2012 (Revised November 2014)
- Case
W.R. Grace & Co.: Dealing with Asbestos Torts
By: Stuart C. Gilson and Sarah L. Abbott
A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract...
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Keywords:
Bankruptcy Reorganization;
Business Failures;
Environmental Regulations;
Class Action Lawsuits;
Natural Environment;
Valuation;
Health Disorders;
Capital Structure;
Restructuring;
Lawsuits and Litigation;
Chemicals;
Crisis Management;
Insolvency and Bankruptcy;
Legal Liability;
Construction Industry;
Chemical Industry;
United States
Gilson, Stuart C., and Sarah L. Abbott. "W.R. Grace & Co.: Dealing with Asbestos Torts." Harvard Business School Case 213-046, December 2012. (Revised November 2014.)
- August 2012 (Revised August 2013)
- Background Note
Competency-Destroying Technology Transitions: Why the Transition to Digital Is Particularly Challenging
By: Willy Shih
Some technology transitions are exceedingly difficult for incumbent firms to execute. The bankruptcy filing by the Eastman Kodak Company highlighted the difficulty companies faced when their core business transitioned from an analog to a digital world. Kodak's business...
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Keywords:
Technology Transitions;
Competency-destroying;
Digital;
Analog;
Digital Transition;
Modular;
Modularity;
Technological Change;
Radical Innovation;
Incremental Innovation;
Architectural Innovation;
Modular Innovation;
Sustaining Innovation;
Competency-enhancing;
Noise Propagation;
Perfect Copying;
Digital Music;
Digital Media;
Consumer Electronics;
Kodak;
Sony;
Panasonic;
Disruptive Innovation;
Technology Adoption;
Transition;
Change Management;
Consumer Products Industry;
United States
Shih, Willy. "Competency-Destroying Technology Transitions: Why the Transition to Digital Is Particularly Challenging." Harvard Business School Background Note 613-024, August 2012. (Revised August 2013.)
- December 2009 (Revised April 2022)
- Case
Lyondell Chemical Company
By: Stuart C. Gilson and Sarah Abbott
Hit with an industry recession and the global financial crisis of 2008, in January 2009 LyondellBasell Industries AF S.C.A., one of the world's largest internationally diversified chemical companies headquartered in The Netherlands, placed its U.S. operations and a...
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Keywords:
Restructuring;
Financial Crisis;
Borrowing and Debt;
Capital Structure;
Insolvency and Bankruptcy;
Financing and Loans;
International Finance;
Crisis Management;
Chemical Industry;
Netherlands;
United States
Gilson, Stuart C., and Sarah Abbott. "Lyondell Chemical Company." Harvard Business School Case 210-001, December 2009. (Revised April 2022.)
- August 2009 (Revised February 2013)
- Case
Eddie Bauer (A)
By: Paul Healy, Sharon Katz and Aldo Sesia
In June 2005, Eddie Bauer, the specialty apparel retailer, emerged from bankruptcy. Under the plan of reorganization former creditors converted their debt into common shares, taking 100% ownership in the reconstituted company. Large banks-including Bank of America and...
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Keywords:
Financial Statements;
Mergers and Acquisitions;
Restructuring;
Insolvency and Bankruptcy;
Stock Shares;
Valuation;
Apparel and Accessories Industry;
Retail Industry;
United States
Healy, Paul, Sharon Katz, and Aldo Sesia. "Eddie Bauer (A)." Harvard Business School Case 110-008, August 2009. (Revised February 2013.)
- 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...
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Keywords:
Government Legislation;
Restructuring;
Personal Finance;
Laws and Statutes;
Insolvency and Bankruptcy;
Corporate Finance
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.
- 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...
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Keywords:
Restructuring;
Capital Structure;
Insolvency and Bankruptcy;
Investment;
Investment Activism;
Valuation;
Financial Services Industry;
Retail Industry;
United States
Gilson, Stuart C., and Sarah Abbott. "Kmart and ESL Investments (A)." Harvard Business School Case 209-044, August 2008. (Revised May 2009.)