By Arthur Tomaz de Oliveira (University of São Paulo Law School) and Henrique Kasai (Mattos Filho) Debtor-in-possession …
Beyond the Debtor: Third-Party Releases in Chapter 15
By Ameneh Bordi, William H. Cálix, Jacob Lester, and Noah M. Noonan (Sidley Austin LLP) The Supreme Court’s decision in …
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Don’t Bet on Bankruptcy: Prediction Markets and the Limits of Insolvency Law
By Billy Organek (Zicklin School of Business, Baruch College, Harvard Law School Bankruptcy Roundtable) and Nizan Packin (Zicklin …
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COMI Chameleon: Is ‘COMI Manipulation’ in Chapter 15 a Ballooning Problem?
By Steven W. Golden and Brooke E. Wilson (Pachulski Stang Ziehl & Jones LLP) Editor's Note: Steven and Brooke's article …
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Bankruptcy Law Penalties and Board Independence
By Aras Canipek (Sabanci Business School & Leibniz Institute for Financial Research SAFE) “for debt to be an effective …
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Subordination: A Functional and Theoretical Analysis
By Steven L. Schwarcz and Isabelle Stewart (Duke University School of Law) Editor's Note: Professor Schwarcz and Isabelle's …
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Promi$e Land: The Inside Story of the Puerto Rico Debt Crisis
By David Skeel (University of Pennsylvania Carey Law School) This summer marked the tenth anniversary of the Puerto Rico …
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Venezuela 2.0: A Blueprint for Restructuring its Debt and Rebuilding its Economy
By Steven T. Kargman (Kargman Associates) Editor's Note: This post is the second in a mini-series on Venezuela's sovereign …
Venezuela’s Debt Restructuring: An Alternative Path
By Richard J. Cooper, Ignacio Lagos, and Sean O'Connell (Cleary Gottlieb Steen & Hamilton LLP)* In the aftermath of its …
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New York District Court Affirms Narrow Scope of “Public Policy Exception” in Chapter 15 Cases
By Corinne Ball, Dan T. Moss, David S. Torborg, and Isel M. Perez (Jones Day) Chapter 15 of the Bankruptcy Code reached its …
When She Fails: Women Entrepreneurs and Gender Gaps in Business Bankruptcy
By Hosein Maleki (Rutgers Business School), Mahsa Kaviani (University of Delaware), Simi Kedia (Rutgers Business School), and …
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Creditor-On-Creditor Violence
By Samuel Antill (Harvard Business School), Neng Wang (Columbia Business School & Cheung Kong Graduate School of Business) …
Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy
By Brandon E. Barker, Geoffrey H. Smith, Megan Preusker & Dormie Ko (Mintz) This article examines how the US Bankruptcy …
Chapter 11 Plan that Abridged Non-Debtor Lessee’s Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith
By Trisha L. Mowbray & Ryan Sims (Jones Day) The Bankruptcy Code includes special protections for real property lessees …
Former Celsius Customers’ Motion to Withdraw Bankruptcy Court Reference Rejected by SDNY
By Luke Barefoot & Brendan Gerdts (Cleary Gottlieb) Amid the 2022-23 “crypto winter”, Celsius Network filed for …
New Jersey bankruptcy court upholds debtor-chosen venue under Asset Based Approach
By Megan Wasson & Rebecca Polinsky (HSF Kramer LLP) The bankruptcy venue statute, 28 U.S.C. Section 1408, allows a debtor …
Bankruptcy as Presidential Resistance
By Alvin Velazquez (Indiana University Maurer School of Law) Editor's Note: Professor Velazquez's article was recently …
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Bankruptcy Redemption Options
By Richard Hynes (University of Virginia School of Law) The ancient right of redemption allows a party to repurchase assets …
Chapter 15 Offers Protection for Cannabis Companies
By David Cohen, Garrett Fail, Robert Niles-Weed, Alex Cohen, Max Bloom, Andrew Clarke (Weil, Gotshal & Manges LLP)* The …
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The Erie Doctrine, Code Common Law, and Choice-of-Law Rules in Bankruptcy
By Ralph Brubaker (University of Illinois College of Law) State law pervades bankruptcy litigation, as all parties’ relative …
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