By Professor Wei Wang, Yan Yang, and Professor Jingyu Zhang (Smith School of Business, Queen’s University) Hedge funds …
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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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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One Step Ahead: Restructuring Considerations in an Uncertain Economic Climate
By Lisa M. Schweitzer and Thomas Kessler (Cleary Gottlieb Steen & Hamilton LLP) At the end of 2023, economic indicators …
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Bankruptcy’s Turn to Market Value
By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
Early Stage Capital Raising Trends in Chapter 11 Reorganizations
Editor's Note: See Professor Kenneth Ayotte's recent Roundtable article on sub rosa DIP loans here. By Judge Robert D. Drain, …
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A Commitment Rule for Insolvency Forum
By Professor Anthony Casey (University of Chicago Law School), Professor Aurelio Gurrea-Martinez (Singapore Management …
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SPAC Bankruptcies
Editor's Note: This article was originally published in Turnarounds & Workouts, Vol. 37, No. 6., pp 1-5 (subscription …
Predicting Bankruptcy: Ask the Employees
By Professor John Knopf (University of Connecticut School of Business) and Professor Kristina Lalova (Michigan State University - …
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Chapter 11 Restructurings of Latin American Energy Companies
By Richard Cooper, Luke Barefoot, and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) Recent volatility in the global …
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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 …
Opaque Capital and Mass Tort Financing
By Professor Samir Parikh (Lewis & Clark Law School) Complex litigation is resource intensive and places a staggering …
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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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New York Bankruptcy Court Raises the Cost of Keeping Funded Debt: Debtor Needs to Pay Default Interest Rate in Reinstatement of Accelerated Debt
By Adam C. Rogoff, Nancy M. Bello, and Gabriel Eisenberger (Kramer Levin LLP) The interplay between reinstatement of funded …
[Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
Editor's Note: On December 4, 2023, the Supreme Court heard oral argument in the Purdue Pharma bankruptcy. The Bankruptcy …
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Creditor Rights and Legal Transaction Costs
By Professor Dhruv Aggarwal (Northwestern Pritzker School of Law) Editor’s Note: We will post an argument summary for the …
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[Purdue Pharma Bankruptcy Series] Respondent Briefs (Respondent and pro-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] Petitioner Briefs (US Trustee and other anti-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …