By Amy Caton, Thomas Moers Mayer, Adam C. Rogoff, Megan M. Wasson, and Ashland J. Bernard (Kramer Levin) In contrast with …
Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
By Professor Gunjan Seth (Marshall School of Business, University of Southern California) One of the primary challenges faced …
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Rockville Centre Case Offers a Framework for Settling Mass Tort Bankruptcy Claims Post-Purdue
By Hon Robert D. Drain (ret.), Justin Winerman and Jamie Slocum (Skadden, Arps, Slate, Meagher & Flom LLP) After the U.S. …
False Venue Claims Signed Under Penalty of Perjury
By Professor Lynn M. LoPucki (University of Florida Levin College of Law) In a study of venue for the one hundred ninety-five …
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Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
By James Tecce and Bennett Murphy (Quinn Emanuel Urquhart & Sullivan) Lender liability cases invariably invoke the …
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The Loan Market Response to Dropdown and Uptier Transactions
By Professor Vincent S.J. Buccola (University of Chicago Law School) and Professor Greg Nini (LeBow College of Business at Drexel …
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Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
By Shana A. Elberg, Moshe S. Jacob, and Bram A. Strochlic (Skadden, Arps, Slate, Meagher & Flom LLP) 2024 saw a rise in …
Getting to Yes: The Role of Coercion in Debt Renegotiations
By Professor Vince Buccola (University of Chicago Law School) and Professor Marcel Kahan (New York University School of …
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D&O Policy Coverage: Specificity Matters in Bankruptcy Context
By Charles Dale and Nathan Lander (Proskauer Rose LLP) A recent Texas bankruptcy court decision In re Walker County Hospital …
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When Defamation Comes to Bankruptcy Court
By Professor Christopher D. Hampson (University of Florida Levin College of Law) Shortly after Alex Jones and Rudy Giuliani …
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Boston Generating: Second Circuit Triples Down on Its Holding that Transfers Made Under Securities Contracts Are Safe Harbored in Bankruptcy if the Debtor-Transferee is a Customer of a Financial Institution
By Dan T. Moss, Daniel J. Merrett, and Ben Rosenblum (Jones Day) Section 546(e) of the Bankruptcy Code’s “safe harbor” …
The Gift of Exit Financing
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) Hostile restructurings have spilled over …
Inconvenient Bankruptcy Appeals
By Michael Cook (Schulte Roth & Zabel) Too many district courts and bankruptcy appellate panels (BAPs) have been refusing …
Creditor Coalitions in Bankruptcy
By Professor Jing-Zhi Huang, Professor Stefan Lewellen, and Professor Zhe Wang (Pennsylvania State University) Bankruptcy is …
Novel Issues in the Crypto Bankruptcy Cluster
By Jane VanLare and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) The past two years have seen a cluster of …
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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Judge Rules SPAC Trust Account Sacred for Public Shareholders and Not Property of the Estate
Editor's Note: This will be the HLS BRT's last post of the semester and we look forward to resuming posts in late January 2025. …
BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
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Opting into opting out: Due process and opt-out releases
By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
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Does Global Insolvency Law Affect Cross-border Capital Flows?
By Professor Yeejin Jang (School of Banking and Finance, University of New South Wales, Sydney), Jenny Jihyun Tak (School of …
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