By Marshall S. Huebner and Marc J. Tobak (Davis Polk & Wardwell LLP) [Editor's Note: The authors, along with other …
Second Circuit Rules that Bankruptcy Courts May Award Appellate Legal Fees as Sanction for Contempt
By Charles M. Oellermann and Mark G. Douglas (Jones Day) Courts disagree whether a bankruptcy court, in exercising its broad …
Changes and Convergence of Bankruptcy Law: Recent Experience in Brazil
By Joao Guilherme Thiesi da Silva (Cleary Gottlieb Steen & Hamilton LLP) Bankruptcy regimes across the globe have been …
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The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
By Colin Davidson and Catherine Jun (Sheppard, Mullin, Richter & Hampton LLP) Cannabis is now legal in 19 states and …
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When Benefit Corporations File For Bankruptcy, Will Anything Be Different?
By Christopher D. Hampson (University of Florida Levin College of Law) Social entrepreneurs and lawyers gave birth to the …
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The Fee Hike Dilemma: The U.S. Supreme Court Resolves Fee Dispute and Holds Fee Hike Unconstitutional
By Brigid K. Ndege (Lewis Brisbois Bisgaard & Smith LLP) and Christian Conway (Clark Hill PLC) Parties have long …
The Unwritten Law of Corporate Reorganizations
Note: The Harvard Law School Bankruptcy Roundtable is pleased to resume regular weekly posts for the academic year. By Douglas G. …
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Who’s Down with OCC(‘s Definition of “Banks”)?
By Matthew A. Bruckner (Howard University School of Law) The number and importance of fintech companies, such as Venmo, …
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Third-Party Releases Under Continued Fire in E.D. Va. Decision
By Adam C. Harris, Douglas S. Mintz, Abbey Walsh, and Kelly (Bucky) Knight (Schulte Roth & Zabel) Earlier …
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[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step: The Code Says it’s a Transfer
By Mark Roe and William Organek (Harvard Law School) Note: This is the seventh in a series of posts on the Texas Two-Step, the …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] A Qualified Defense of Divisional Mergers
By Anthony Casey and Joshua Macey (University of Chicago Law School) Note: This is the fourth in a series of posts on the Texas …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Vertical Forum Shopping in Bankruptcy
By Jonathan C. Lipson (Temple University-Beasley School of Law) Note: This is the second in a series of posts on the Texas Two …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Introduction to LTL Management’s Bankruptcy
By Jin Lee and Amelia Ricketts (Harvard Law School) Note: This is the first in a series of posts on the Texas Two Step, the …
Bankruptcy Court Ruling Imposes Lender Liability
By Daniel S. Shamah, Jeff Norton, Jennifer Taylor, Sung Pak, and Joshua Chow (O'Melveny & Myers LLP) “Lender liability” is an …
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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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Aviation Chapter 11 Cases Take Flight
By Kelly DiBlasi and Jason George (Weil, Gotshal & Manges LLP) Increased competition, rising fuel costs, and the …
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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 …
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 …
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 …