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 & …
The World of Interlocutory Bankruptcy Appeals
By Bankruptcy Judge Scott C. Clarkson (Central District of California), Taylor Brown-Duncan, (Law Clerk), Sophie Jeltema (Chapman …
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Purdue: Impacts on Cross-Border Restructurings
By Thomas Kessler and Emily King (Cleary Gottlieb Steen & Hamilton LLP) On June 27, 2024, the United States Supreme Court …
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Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
By Prof. Steven L. Schwarcz (Duke University School of Law) Although federal bankruptcy law, epitomized by Chapter 11, has a …
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Chapter 15 Case Demonstrates Its Effectiveness as an Expedient Judicial Solution for Singaporean Insolvencies in the United States
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 …