Excerpt

The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table. Mark Roe, February 29, 2016, Paper. "This memo examines broad aspects of the recent controversies and ongoing litigation arising from the Trust Indenture Act’s requirement that no bondholder can see his or her payment terms change without the bondholder’s own consent. I outline here a path forward for a sensible legal structure governing out-of-bankruptcy restructurings of public bond issues. There are four points to be made." Link