By Adi Marcovich Gross (Reichman University & The Wharton School) The traditional thinking is that insolvency duties …
Bankruptcy’s Demise: The Flawed Safe Harbor
By Steven L. Schwarcz (Duke University of Law) The primary goals of corporate reorganization under Chapter 11 of the federal …
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Bankruptcy as a National Security Risk
By Jason Jia-Xi Wu (Law Clerk; Harvard Law School) Defense contractors lie at the heart of the U.S. national security regime. …
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Sustainable Bankruptcy
By G. Ray Warner (St. John's University) Sustainability is about consequences, and a sustainable approach to bankruptcy …
Crossing the Rubicon: Assembling a Litigation Colossus in Mass Torts
By Samir Parikh (Wake Forest University School of Law) In 2021, Arizona created the alternative business structure (ABS), …
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Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
By Prof. Steven L. Schwarcz (Duke University School of Law) Although federal bankruptcy law, epitomized by Chapter 11, has a …
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False Venue Claims Signed Under Penalty of Perjury
By Professor Lynn M. LoPucki (University of Florida Levin College of Law) In a study of venue for the one hundred ninety-five …
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Does Global Insolvency Law Affect Cross-border Capital Flows?
By Professor Yeejin Jang (School of Banking and Finance, University of New South Wales, Sydney), Jenny Jihyun Tak (School of …
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Equity for Intermediaries: The Resolution of Financial Firms in Bankruptcy and Bank Resolution
By Professor Edward J. Janger (Brooklyn Law School) Professor Edward J. Janger This Essay considers the role of bankruptcy …
FTX’d: Conflicting Public and Private Interests in Chapter 11
By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
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Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
The Legal Anomaly of Non-Recourse Financing
By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
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The Potential of Trust Law in Sovereign Debt Restructuring Unveiled
By Charles Mak (The Law School, Robert Gordon University) The interplay between sovereign debt defaults and legal frameworks …
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Filling an Empty Arsenal: Puerto Rico’s Bankruptcy from the Recovery Act to PROMESA
By Richard Cooper (Cleary Gottlieb) and Antonio Pietrantoni (Pietrantoni Mendez & Alvarez) Editor's Note: This article was …
Institutional Capture: Why We’re Overdue for a New Bankruptcy Act
By Jessica Graham (Harvard Law School) Injustice does not exist only in matters of civil rights, human dignity, and economic …
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How Do Bankruptcy Grifters Destroy Value in Mass Tort Settlements? In re Purdue Pharma as a Bargaining Failure
By Jason Jia-Xi Wu (Harvard Law School '23) Bankruptcy has become the endgame of mass tort litigation. Increasingly, …
[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] Senate Judiciary Committee Subcommittee Hearing on “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy”: A Recap
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
Silencing Litigation Through Bankruptcy
By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
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