By Matteo Clarkson-Maciel (Willkie Farr & Gallagher) and Paul Fradley (South Square Chambers) Will the proceeds of the …
[Crypto Bankruptcy Series] Staking, Yield Farming, Liquidity Mining, Crypto Lending – What are the Customer’s Risks?
By Matthias Lehmann et al. (Universitat Wien) Note: This post is the fourth post in a series of posts on bankruptcies of …
Roundup: Ultra Petroleum and Contractual Make-Wholes
The Fifth Circuit held in October of this year in In re Ultra Petroleum Corp., 51 F.4th 138 (5th Cir. 2022) that a contractual …
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Financial Restructuring Roundtable–Call for Papers
Note: The Harvard Law School Bankruptcy Roundtable is pleased to share the call for papers for the Financial Restructuring …
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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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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 …
Mitigating Rejection of Midstream Agreements in Bankruptcy
By David H. Sweeney, Jason P. Rubin, and Laura P. Warrick (Akin Gump Strauss Hauer & Feld, LLP), with Practical Law Oil & …
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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 …
The Judge Behind the Curtain
By Melissa B. Jacoby (Graham Kenan Professor of Law - University of North Carolina School of Law) After a district court halted …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Corporate Bankruptcy Has Lasting Effects on CEO Careers through Frictions in Executive Labor Market
By Andreas Kostøl (Arizona State University - W.P. Carey School of Business; Norges Bank), Morten Grindaker (Norwegian Business …
Senate Judiciary Committee Subcommittee Hearing on the “Texas Two-Step”: A Recap
By Amelia S. Ricketts (Harvard Law School) and Jin Lee (Harvard Law School) On February 8, 2022, the Senate Subcommittee on …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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J. Crew, Nine West, and the Complexities of Financial Distress
By Kenneth Ayotte (University of California - Berkeley School of Law) and Christina Scullly (University of California - Berkeley …
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Creditor Rights, Corporate Leverage and Investments, and the Firm Type
By Aras Canipek (University of Konstanz), Axel H. Kind (University of Konstanz), and Sabine Wende (University of Cologne - Faculty …
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Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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Bankruptcy Grifters
By Lindsey Simon (University of Georgia School of Law) The recent decision in In re Purdue Pharma did not uphold the third-party …
COVID-19 Debt and Bankruptcy Infrastructure
By Robert K. Rasmussen (USC Gould School of Law) The COVID pandemic put unprecedented pressure on all economies around the …
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