Vincent SJ Buccola and Marcel Kahan, ‘Getting to Yes: The Role of Coercion in Debt Renegotiations’, 17 Journal of Legal Analysis 166 (2025). In ‘Getting to Yes: The Role of Coercion in Debt Renegotiations’, Professors Vincent Buccola and Marcel Kahan offer a deep and clarifying intervention in a murky but critical corner of modern corporate finance. Despite the surge in controversial out-of-court restructurings – where debtors use increasingly aggressive tactics to sidestep unanimity and rewrite deal terms – the legal framework for evaluating such moves remains surprisingly underdeveloped. Judges tend to treat these fights as disputes among sophisticated players and very rarely imply covenants or override textual language. Buccola and Kahan step into this vacuum with an elegant conceptual framework for understanding coercion in debt alteration and, crucially, when courts should push back … (more)
[Matteo Gatti, JOTWELL, 11 November 2025]
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