By Samuel Antill (Harvard Business School), Neng Wang (Columbia Business School & Cheung Kong Graduate School of Business) …
Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy
By Brandon E. Barker, Geoffrey H. Smith, Megan Preusker & Dormie Ko (Mintz) This article examines how the US Bankruptcy …
Chapter 11 Plan that Abridged Non-Debtor Lessee’s Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith
By Trisha L. Mowbray & Ryan Sims (Jones Day) The Bankruptcy Code includes special protections for real property lessees …
Bankruptcy as Presidential Resistance
By Alvin Velazquez (Indiana University Maurer School of Law) Editor's Note: Professor Velazquez's article was recently …
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Bankruptcy’s Trilemma: A Unifying Framework
By Kenneth Ayotte (University of California Berkeley), Jason Donaldson (University of Southern California), and Giorgia Piacentino …
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Lessons from the Convergence of Corporate Restructurings
By Robert Miller (University of South Dakota Law School) The two principal mechanisms for large corporate …
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Distressed Debt Legal Insights: Fossil Group’s UK Restructuring Plan
By Leonard Klingbaum, Matthew Czyzyk, Sam Badawi, Nitin Konchady, Faiza N. Rahman, Matthew M. Roose, Natalie Blanc, Natalie Raine, …
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The Global Law of Debt
By Jared A. Ellias (Harvard Law School) and Narine Lalafaryan (University of Cambridge, Faculty of Law; Cambridge Endowment for …
Houston, We Have (Another) Problem
By Jeffrey Pawlitz (Willkie Farr & Gallagher LLP) In September 2025, the U.S. District Court for the Southern District of …
Recharacterizing Contracts: The Sale-versus-Loan Problem of Receivables Financing
By Steven L. Schwarcz (Duke University School of Law) and Isabelle Stewart (Duke University School of Law) This Article …
Florida Bankruptcy Court: Proposed DIP Financing and Sale Framework for Administratively Insolvent Debtors Did Not Violate Jevic’s Prohibition of Priority-Deviating Distributions
By Jeffrey Ellman (Jones Day) The U.S. Supreme Court ruled in Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017), that the …
When Tort Liability Bankrupts Labor
By Alvin Velazquez (Indiana University Maurer School of Law) The main character in 2019 Game of the Year Award winning video …
Liability Management Exercises Mature
By Robert Miller (University of South Dakota Law School) When large, distressed entities restructure, they typically prefer …
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Insolvency and systemic risks: The macroeconomic costs of director duties in crisis
By Adi Marcovich Gross (Reichman University & The Wharton School) The traditional thinking is that insolvency duties …
Tariffs, a Trade War, and Tumult in the Global Trading System: Yet Another Potential Economic Shock to Emerging Economies
By Steven T. Kargman (Kargman Associates) The tariffs announced by the Trump administration are widely expected to lead to …
Legal Heterodoxy in the Global South: Priority of Workers versus Secured Creditors in Insolvency
By Kevin Davis (New York University), Mariana Pargendler (Harvard Law School), and Maria Eduarda Lessa (No affiliation) Our …
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 …
Mind the Gap: The Uncertain Status of Aircraft Lenders to Foreign Airlines in Chapter 11
By Prof. Kenneth Ayotte (University of California, Berkeley School of Law) and Gulnur Bekmukhanbetova (Winstead PC) On July …
Exit Consents in a Liability Management World
By Dennis Jenkins (Willkie Farr & Gallagher LLP) As liability management exercises (LMEs) and creditor-on-creditor …
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