By Marshall S. Huebner and Marc J. Tobak (Davis Polk & Wardwell LLP) [Editor's Note: The authors, along with other …
Balancing Debtor and Creditors’ Interests in Bankruptcy Reorganization Proceedings: Best Practices for the Procedural Design of Claims’ Classification
By Anaïs Alle (Harvard Law School, L.L.M. 2022) Reorganization proceedings, in contrast to liquidation sales, constitute a …
Second Circuit Rules that Bankruptcy Courts May Award Appellate Legal Fees as Sanction for Contempt
By Charles M. Oellermann and Mark G. Douglas (Jones Day) Courts disagree whether a bankruptcy court, in exercising its broad …
Roundup: Ultra Petroleum and Contractual Make-Wholes
The Fifth Circuit held in October of this year in In re Ultra Petroleum Corp., 51 F.4th 138 (5th Cir. 2022) that a contractual …
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Bankruptcy-Remote Structuring: Reallocating Risk Through Law
By Steven Schwarcz (Stanley A. Star Distinguished Professor of Law & Business, Duke University School of …
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Preference Due Diligence in the Crypto Winter
By Michael Rosella (Katten Muchin Rosenman LLP) and Dan McElhinney (Stretto) The crypto winter has arrived! Among many other …
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[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] A Different Look at Sec. 548 and Concluding Thoughts
Note: This is the eighth in a series of posts on the Texas Two-Step, the bankruptcy of LTL Management, and the future of mass tort …
Changes and Convergence of Bankruptcy Law: Recent Experience in Brazil
By Joao Guilherme Thiesi da Silva (Cleary Gottlieb Steen & Hamilton LLP) Bankruptcy regimes across the globe have been …
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Recent Developments at the Intersection of Bankruptcy and Environmental Law
By Thomas Goslin (Weil, Gotshal, & Manges LLP) Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that issues as to …
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The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
By Colin Davidson and Catherine Jun (Sheppard, Mullin, Richter & Hampton LLP) Cannabis is now legal in 19 states and …
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When Benefit Corporations File For Bankruptcy, Will Anything Be Different?
By Christopher D. Hampson (University of Florida Levin College of Law) Social entrepreneurs and lawyers gave birth to the …
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Financial Restructuring Roundtable–Call for Papers
Note: The Harvard Law School Bankruptcy Roundtable is pleased to share the call for papers for the Financial Restructuring …
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The Fee Hike Dilemma: The U.S. Supreme Court Resolves Fee Dispute and Holds Fee Hike Unconstitutional
By Brigid K. Ndege (Lewis Brisbois Bisgaard & Smith LLP) and Christian Conway (Clark Hill PLC) Parties have long …
The Unwritten Law of Corporate Reorganizations
Note: The Harvard Law School Bankruptcy Roundtable is pleased to resume regular weekly posts for the academic year. By Douglas G. …
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Who’s Down with OCC(‘s Definition of “Banks”)?
By Matthew A. Bruckner (Howard University School of Law) The number and importance of fintech companies, such as Venmo, …
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Third-Party Releases Under Continued Fire in E.D. Va. Decision
By Adam C. Harris, Douglas S. Mintz, Abbey Walsh, and Kelly (Bucky) Knight (Schulte Roth & Zabel) Earlier …
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“A Bitter Result”: Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies
By William Organek (Harvard Law School) Purdue Pharma, the maker of OxyContin, filed for bankruptcy in 2019 to resolve …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step: The Code Says it’s a Transfer
By Mark Roe and William Organek (Harvard Law School) Note: This is the seventh in a series of posts on the Texas Two-Step, the …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step and Mandatory Non-Opt-Out Settlement Powers
By Ralph Brubaker (University of Illinois College of Law) Note: This is the sixth in a series of posts on the Texas Two-Step, the …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Is the Texas Two-Step a Proper Chapter 11 Dance?
By David Skeel (University of Pennsylvania Carey Law School) Note: This is the fifth in a series of posts on the Texas Two-Step, …