By Robert Miller (University of South Dakota Law School) When large, distressed entities restructure, they typically prefer …
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Outnumbered, Not Outplayed: Minority Lenders Successfully Challenge Exclusive Backstop Agreement on Equal Treatment Grounds in ConvergeOne
By Debora Hoehne, Robert J. Lemons, Artem Skorostensky, and Katherine Lynn (Goodwin Procter) The District Court for the …
Insolvency and systemic risks: The macroeconomic costs of director duties in crisis
By Adi Marcovich Gross (Reichman University & The Wharton School) The traditional thinking is that insolvency duties …
Recognition of Nonconsensual Third-Party Releases in Ch. 15 After Purdue
By George W. Shuster, Jr. (WilmerHale) and Benjamin W. Loveland (WilmerHale) The Supreme Court’s decision in Harrington v. …
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Bankruptcy’s Demise: The Flawed Safe Harbor
By Steven L. Schwarcz (Duke University of Law) The primary goals of corporate reorganization under Chapter 11 of the federal …
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Tariffs, a Trade War, and Tumult in the Global Trading System: Yet Another Potential Economic Shock to Emerging Economies
By Steven T. Kargman (Kargman Associates) The tariffs announced by the Trump administration are widely expected to lead to …
Assessing the Legitimacy of the “Texas Two-Step” Mass-Tort Bankruptcy
By Ralph Brubaker (University of Illinois College of Law) This three-part article analyzes the innovative "Texas Two-Step" …
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The Treatment of Digital Assets in Insolvency
By Nydia Remolina (Singapore Management University, Yong Pung How School of Law), Aurelio Gurrea-Martínez (Singapore Management …
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Legal Heterodoxy in the Global South: Priority of Workers versus Secured Creditors in Insolvency
By Kevin Davis (New York University), Mariana Pargendler (Harvard Law School), and Maria Eduarda Lessa (No affiliation) Our …
Key Lessons for Aircraft Lessors from the Ukraine/Russia Conflict: A Bankruptcy Perspective
By Gulnur Bekmukhanbetova (U.C. Berkeley, graduate) and Ainur Merziyasheva (Vice President, Legal Counsel, Citibank …
Bankruptcy as a National Security Risk
By Jason Jia-Xi Wu (Law Clerk; Harvard Law School) Defense contractors lie at the heart of the U.S. national security regime. …
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Sustainable Bankruptcy
By G. Ray Warner (St. John's University) Sustainability is about consequences, and a sustainable approach to bankruptcy …
A Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence
Editor's Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2025. The BRT intends …
Mind the Gap: The Uncertain Status of Aircraft Lenders to Foreign Airlines in Chapter 11
By Prof. Kenneth Ayotte (University of California, Berkeley School of Law) and Gulnur Bekmukhanbetova (Winstead PC) On July …
Crossing the Rubicon: Assembling a Litigation Colossus in Mass Torts
By Samir Parikh (Wake Forest University School of Law) In 2021, Arizona created the alternative business structure (ABS), …
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Exit Consents in a Liability Management World
By Dennis Jenkins (Willkie Farr & Gallagher LLP) As liability management exercises (LMEs) and creditor-on-creditor …
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Bankruptcy Law’s Doctrinal Evolution: An Empirical Study
By Alex Huang (University of Hong Kong) Bankruptcy law professors often remind their students that although the Bankruptcy …
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Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
By Michelle Saney (Squire Patton Boggs) On June 27, 2024, the Supreme Court issued its long-awaited ruling regarding an …
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The Backstop Party
By Professor Vince Buccola (University of Chicago Law School), Adi Marcovich Gross (Columbia Law School and The Wharton School), …
Independent Directors Properly Exculpated as Debtors’ Disinterested Fiduciaries Under Chapter 11 Plan, Southern District of Texas Bankruptcy Court Rules
By Brian S. Hermann, Jacob A. Adlerstein, Claudia R. Tobler and Lindsay A. Wasserman (Paul, Weiss, Rifkind, Wharton & …