Jed Zobitz, Paul Zumbro and Eric Hilfers Author Article for the American Bankruptcy Institute Journal on Executive Compensation in Bankruptcy

Cravath partners George E. Zobitz, Paul H. Zumbro and Eric W. Hilfers authored an article entitled “Executive Compensation: Need for a Change to the Bankruptcy Code,” which was published in the American Bankruptcy Institute Journal on February 1, 2022. The article examines Section 503(c) of the Bankruptcy Code, a part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), and the adverse impact it has had on the ability of companies in bankruptcy to optimize executive compensation. The article provides three proposals to amend the Bankruptcy Code, which would give companies more flexibility in designing executive compensation plans during the bankruptcy process.

Please click here to read the article.