By Daniel J. Merrett (Jones Day) In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 …
[Crypto-Bankruptcy Series] The FTX Bankruptcy: First Week Motions, Jurisdictional Squabbling, and Other Unusual Developments
By Megan McDermott (University of Wisconsin-Madison School of Law) Note: This post is the first post in a series of posts on …
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] 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 …
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.), …
Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …
Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Second Circuit Fumbles Tribune on Reconsideration
By Daniel J. Bussel (UCLA School of Law) The Second Circuit recently issued its revised opinion in Tribune Company Fraudulent …
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Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
by Charles M. Oellermann and Mark G. Douglas (Jones Day). The ability to avoid fraudulent or preferential transfers is a …
Do Managers Strategically Change Their Disclosure Before a Debt Covenant Violation?
By Thomas Bourveau (Hong Kong University of Science and Technology), Derrald Stice (Hong Kong University of Science and …
The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Insider Status and U.S. Bank v. Village at Lakeridge
By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
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Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
By Jane Rue Wittstein and Mark G. Douglas (Jones Day) Courts disagree as to whether the amount that a bankruptcy trustee or …
Third Circuit Dismisses Crystallex’s Fraudulent Transfer Claim But Potential Liability Remains for PDVSA
By Richard J. Cooper and Boaz S. Morag (Cleary Gottlieb Steen & Hamilton, LLP). On January 3, 2018, the United States Court …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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Recent Developments in Bankruptcy Law, February 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Federal District Court Reinstates Fraudulent Transfer Challenge to Lyondell LBO
By Richard G. Mason, David A. Katz, and Emil A. Kleinhaus (Wachtell, Lipton, Rosen & Katz) In situations where leveraged …
Texas Supreme Court Resolves Good Faith Value Defense Issue For Fifth Circuit
By Michael L. Cook, Schulte Roth & Zabel LLP The Uniform Fraudulent Transfer Act ("UFTA") (§ 8(a)), like Bankruptcy …
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Third Circuit holds Sec. 1113 of the Bankruptcy Code applicable to already-expired CBAs
By Mark A. Salzberg and Jill S. Kirila of Squire Patton Boggs The Bankruptcy Code prohibits a debtor from unilaterally rejecting …