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 …
The Administrative State in Bankruptcy
By Professor Jared Ellias (Harvard Law School) and Professor George Triantis (Stanford Law School) Bankruptcy is becoming …
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The Brave New World of Sovereign Debt Restructuring: The ‘China Conundrum’ and Other Challenges
By Steven T. Kargman (Kargman Associates) Emerging economy and developing country sovereigns have faced daunting economic …
Loan-to-Own 2.0
By Professor Robert Miller (University of South Dakota, Knudson School of Law) The rise of convertible debtor-in-possession …
Can AI Help Explain Bankruptcy Law?
By Deepak Subburam (Copula AI) I am a machine-learning engineer who maintains a database of bankruptcy case law, at the …
[Purdue Pharma Bankruptcy Series] Second Circuit Affirms Permissibility of Nonconsensual Third Party Releases in Purdue Pharma Case
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
PSA Regarding the ABLJ
The American Bankruptcy Law Journal (ABLJ) and Temple University-Beasley School of Law are pleased to announce that the ABLJ is …
[Purdue Pharma Bankruptcy Series] Senate Judiciary Committee Subcommittee Hearing on “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy”: A Recap
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
Bankruptcy Ruling Bolsters Uptier Transactions Challenges
By James Newton, Geoffrey Peck, and Darren Smolarski (Morrison & Foerster LLP) Editor's Note: This is the Harvard Law …
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One Person Can Knock Out Our Firm? Imputation and Retention Risks for Professionals Under Chapter 11
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
An Introduction to the Unique Issues in Bank Holding Company Bankruptcies
By Justin Winerman, James Mazza, Van Durrer, Ron Meisler, and Shana Elberg (Skadden, Arps, Slate, Meagher & Flom LLP) In …
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Silencing Litigation Through Bankruptcy
By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
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Second Circuit Weighs In on Bankruptcy Code v. Chapter 11 Plan Impairment and the Solvent-Debtor Exception
By Dan B. Prieto and Mark G. Douglas (Jones Day) A handful of recent high-profile court rulings have considered whether a …
Re-Examining First Day Trading Orders and Tax Status in Bankruptcy After Rodriguez
By Arvind Ravichandran (Cravath, Swaine & Moore LLP) [Editor's Note: The following summary is a duplicate of the article's …