By Sergio J. Campos (University of Miami School of Law) and Samir D. Parikh (Lewis & Clark Law School) Mass tort …
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Aviation Chapter 11 Cases Take Flight
By Kelly DiBlasi and Jason George (Weil, Gotshal & Manges LLP) Increased competition, rising fuel costs, and the …
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Fifth Circuit Doubles Down on Right to Reject Filed-rate Contracts, but With an Exception
By Ronald Silverman, John Beck and Katherine Lynn (Hogan Lovells) The Fifth Circuit recently issued an opinion, Federal …
Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
Texas Two-Stepping Out of Bankruptcy
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
A Russian Sovereign Debt Default? No Longer Improbable
By Dennis Hranitzky, Richard East, Liesl Fichardt, Epaminontas Triantafilou, Yasseen Gailani, and Rupert Goodway (Quinn Emmanuel …
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Mitigating Rejection of Midstream Agreements in Bankruptcy
By David H. Sweeney, Jason P. Rubin, and Laura P. Warrick (Akin Gump Strauss Hauer & Feld, LLP), with Practical Law Oil & …
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Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
The Judge Behind the Curtain
By Melissa B. Jacoby (Graham Kenan Professor of Law - University of North Carolina School of Law) After a district court halted …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Corporate Bankruptcy Has Lasting Effects on CEO Careers through Frictions in Executive Labor Market
By Andreas Kostøl (Arizona State University - W.P. Carey School of Business; Norges Bank), Morten Grindaker (Norwegian Business …
Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims
By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court
By Ronit J. Berkovich (Weil Gotshal & Manges) and Eric Einhorn (Weil Gotshal & Manges) In a recent decision, In re …
Senate Judiciary Committee Subcommittee Hearing on the “Texas Two-Step”: A Recap
By Amelia S. Ricketts (Harvard Law School) and Jin Lee (Harvard Law School) On February 8, 2022, the Senate Subcommittee on …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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Ongoing Concern: Bankruptcy and Restructuring Perspectives on Venue Disputes March 4 @ 12:30 pm – 1:30 pm
Please join the Harvard Association for Law and Business (HALB) and the Harvard Bankruptcy Roundtable for our flagship bankruptcy …
S.D.N.Y. Judge Holds Bankruptcy Code Prohibits Board-Appointed Officers from Receiving Payments Under a KERP
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …
J. Crew, Nine West, and the Complexities of Financial Distress
By Kenneth Ayotte (University of California - Berkeley School of Law) and Christina Scullly (University of California - Berkeley …
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Creditor Rights, Corporate Leverage and Investments, and the Firm Type
By Aras Canipek (University of Konstanz), Axel H. Kind (University of Konstanz), and Sabine Wende (University of Cologne - Faculty …
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Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …