By Andrew Dietderich (Sullivan & Cromwell LLP) Part II of Andrew Dietderich’s treatment of the practical side of forum …
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“Confessions” of a Forum Shopper – A Debtor’s View of Venue Choice
By Andrew Dietderich (Sullivan & Cromwell LLP) Corporate debtors can decide if, when and how to file for chapter 11. …
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Delaware Bankruptcy Court Rebuffs U.S. Trustee Effort to Collect Statutory Fees from Litigation Trust Distributions
By Paul, Weiss On June 28, 2021, in the chapter 11 cases of Paragon Offshore plc and certain of its affiliates (“Paragon” or the …
Mandatory Disclosure in Corporate Debt Restructuring via Schemes of Arrangement: A Comparative Approach
By Casey Watters (Bond University) and Wai Yee Wan (City University of Hong Kong) Creditors often face significant …
Bankruptcy’s Equity Canon
By Jared Mayer (Law Clerk, Supreme Court of New Jersey) The Bankruptcy Code constrains bankruptcy courts’ equitable powers, yet …
The Evolution of Corporate Rescue in Canada and the United States
By Jassmine Girgis (University of Calgary, Faculty of Law) This chapter explores the evolution of corporate rescue in both …
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Loan Forgiveness as Basis for Fraudulent Transfer Claims
By Jeffrey Cohen, Michael A. Kaplan, and Colleen M. Maker (Lowenstein Sandler) In Loan Forgiveness as Basis for Fraudulent …
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Chapter 11’s Descent into Lawlessness
By Lynn M. LoPucki (Security Pacific Bank Distinguished Professor of Law, UCLA School of Law) The bankruptcy courts that …
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Mass Exploitation
By Samir D. Parikh (Lewis & Clark Law School; Fulbright Schuman Scholar; Bloomberg Law; Fulbright Commission) Modern mass …
Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
By Nicholas A. Koffroth (Fox Rothschild) In Insys Liquidation Trust v. MeKesson Corporation (In re Insys Therapeutics, Inc.), …
Corporate Reorganization as Labor Insurance in Bankruptcy
By Diana Bonfim (Banco de Portugal; Catholic University of Portugal - Catolica Lisbon School of Business and Economics) and Gil …
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Courts in Puerto Rico Case Adopts Alternative Test to Find Settlement Agreements Were Executory
By John Beck and Jennifer Lee (Hogan Lovells) A debtor can elect to either assume or reject an executory contract under …
Voting Rights Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
The Time Has Come for Disaggregated Sovereign Bankruptcy
By Odette Lienau (Professor, Cornell Law School) The ongoing economic crisis caused by the COVID-19 pandemic has generated …
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Restructuring Sovereign Debt and Rebuilding a National Economy for a Failing State: The Case of Venezuela
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Venezuela is facing a veritable perform storm: a …
Restructurings in Emerging Economies One Year into the COVID-19 Pandemic
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) A new article entitled “The COVID-19 Pandemic …
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Structuring and Practice for Aircraft Leases to Prevent Lease Payments from Being Clawed Back in a Lessee Bankruptcy
By Stewart B. Herman (Katten) and Timothy J. Lynes (Katten) In King v. Bombardier Aerospace Corporation et al., the trustee …
Reviewing Redwater: An Analysis of the U.S. and Canadian Approaches to Environmental Obligations in Bankruptcy
By Laura N. Coordes (Associate Professor of Law, Arizona State University - Sandra Day O'Connor College of Law) The United …
Reorganization of Corporate Groups in Brazil: Substantive Consolidation and the Limited Liability Tale
By Sheila C. Neder Cerezetti (Professor of Law, University of São Paulo Law School) As argued by prominent Brazilian scholars, …
What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …