By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) The proliferation of bankruptcy directors …
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Changes to Confirmed “Toggle” Chapter 11 Plan Required No Additional Disclosure and Voting Where Creditors’ Rights Not Materially and Adversely Affected
By Mark A. Cody (Jones Day) This article was originally published in Practical Guidance. The views and opinions set forth …
The Alchemist’s Inversion
By Professor Samir Parikh (Wake Forest University School of Law) Litigation finance makes the world go round. The capital …
A Tale of Two Debt Burdens: A Day of Reckoning for China’s Debt-Fueled Infrastructure Development at Home and Abroad
By Steven T. Kargman (Kargman Associates) In recent years, China has undertaken large-scale infrastructure development both …
Potential Resurrection of Creditor Derivative Suits on Behalf of Debtor LLCs
By Kate Scherling (Quinn Emanuel Urquhart & Sullivan, LLP) Until recently, the judges of the Delaware bankruptcy court …
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Delaware Bankruptcy Judge Declines to Order Arbitration of Key Pension Claims
By Lisa M. Schweitzer and Emily P. King (Cleary Gottlieb Steen & Hamilton) In an opinion issued on March 27, 2024, in …
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[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] The End(s) of Bankruptcy Exceptionalism: The Future of Mass Tort Reorganization After Purdue Pharma
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] Now Liquidate Purdue
Editor's Note: On June 27, 2024, the Supreme Court ruled in Harrington v. Purdue Pharma that the nonconsensual nondebtor …
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Pledged Equity Proxy Rights and the Rise of the Board Flip
By David N. Griffiths and Alexander P. Cohen (Weil, Gotshal & Manges) Summary 1. Sponsors should be aware of recent …
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The Rise of The Sponsor-in-Possession and Implications for Sponsor (Mis)Behavior
By Dan Kamensky (Adjunct Professor of Finance & co-Director Altman – Paulson Initiative on Bankruptcy, Restructuring & …
Getting Public Information in Chapter 11
By Thomas Moers Mayer and Nancy M. Bello (Kramer Levin) Companies in Chapter 11 must publicly report substantial financial …
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New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation
By Daniel J. Merrett (Jones Day) In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 …
Academic Roundup 2023-2024 with Reorg
The Harvard Law School Bankruptcy Roundtable’s collaboration with Reorg continues with the first Reorg/BRT Academic Roundup. This …
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Do Hedge Funds Exploit Material Nonpublic Information? Evidence from Corporate Bankruptcies
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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