By Richard Cooper (Cleary Gottlieb) and Antonio Pietrantoni (Pietrantoni Mendez & Alvarez) Editor's Note: This article was …
The Administrative State in Bankruptcy
By Professor Jared Ellias (Harvard Law School) and Professor George Triantis (Stanford Law School) Bankruptcy is becoming …
Continue Reading about The Administrative State in Bankruptcy
[Purdue Pharma Bankruptcy Series] The Rule of the Deal: Bankruptcy Bargains and Other Misnomers and Sorting Bugs and Features of Mass Tort Bankruptcy
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
[Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
Continue Reading about [Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
One Person Can Knock Out Our Firm? Imputation and Retention Risks for Professionals Under Chapter 11
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
Generalized Creditors and Particularized Creditors: Against a Unified Theory of Standing in Bankruptcy
By Jeanne L. Schroeder and David Gray Carlson (Benjamin N. Cardozo School of Law) Courts have struggled toward a unified …
Appellate Review of a Bankruptcy Court’s Preliminary Injunction
Note: Last week the Roundtable concluded its series on crypto bankruptcies. We will resume our regular posts beginning with this …
Continue Reading about Appellate Review of a Bankruptcy Court’s Preliminary Injunction
[Crypto-Bankruptcy Series] The Public and the Private of the FTX Bankruptcy
By Diane Lourdes Dick and Christopher K. Odinet (University of Iowa) Note: This post is the third post in a series of posts …
Continue Reading about [Crypto-Bankruptcy Series] The Public and the Private of the FTX Bankruptcy
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 …
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 …
Continue Reading about The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
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. …
Continue Reading about The Unwritten Law of Corporate Reorganizations
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, …
Continue Reading about Who’s Down with OCC(‘s Definition of “Banks”)?
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 …
Continue Reading about Third-Party Releases Under Continued Fire in E.D. Va. Decision
[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] Upending the Traditional Chapter 11 Bargain
By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …
Due Process Alignment in Mass Restructurings
By Sergio J. Campos (University of Miami School of Law) and Samir D. Parikh (Lewis & Clark Law School) Mass tort …
Continue Reading about Due Process Alignment in Mass Restructurings
Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
Texas Two-Stepping Out of Bankruptcy
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …