By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
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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 …
Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School) Corporate bankruptcy cases have recently undergone a shift. After decades where …
[Crypto-Bankruptcy Series] Crypto Volatility and The Pine Gate Problem
By Anthony Casey (University of Chicago), Brook Gotberg (Brigham Young University), and Joshua Macey (University of …
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[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Postscript and Analysis of Third Circuit Dismissal of LTL Management’s Bankruptcy
Editor's Note: On November 1, 2022, the BRT concluded our eight-part series on the Texas Two-Step, the bankruptcy of LTL …
Please Don’t Forget the Victims: Mass Torts, Third Party Releases and the U.S. Bankruptcy Code
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 …
[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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“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 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, …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] A Qualified Defense of Divisional Mergers
By Anthony Casey and Joshua Macey (University of Chicago Law School) Note: This is the fourth in a series of posts on the Texas …
[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 …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Vertical Forum Shopping in Bankruptcy
By Jonathan C. Lipson (Temple University-Beasley School of Law) Note: This is the second in a series of posts on the Texas Two …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Introduction to LTL Management’s Bankruptcy
By Jin Lee and Amelia Ricketts (Harvard Law School) Note: This is the first in a series of posts on the Texas Two Step, the …
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 …
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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 …