By Richard Hynes (University of Virginia School of Law) The ancient right of redemption allows a party to repurchase assets …
Bankruptcy’s Trilemma: A Unifying Framework
By Kenneth Ayotte (University of California Berkeley), Jason Donaldson (University of Southern California), and Giorgia Piacentino …
Continue Reading about Bankruptcy’s Trilemma: A Unifying Framework
Lessons from the Convergence of Corporate Restructurings
By Robert Miller (University of South Dakota Law School) The two principal mechanisms for large corporate …
Continue Reading about Lessons from the Convergence of Corporate Restructurings
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, …
Continue Reading about Distressed Debt Legal Insights: Fossil Group’s UK Restructuring Plan
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 …
Lessons From the Silicon Valley Bank Chapter 11: Preserving Indemnification and Contribution Rights
By Shana A. Elberg, Bram A. Strochlic, and Moshe S. Jacob (Skadden, Arps, Slate, Meagher & Flom LLP and …
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 …
Outnumbered, Not Outplayed: Minority Lenders Successfully Challenge Exclusive Backstop Agreement on Equal Treatment Grounds in ConvergeOne
By Debora Hoehne, Robert J. Lemons, Artem Skorostensky, and Katherine Lynn (Goodwin Procter) The District Court for the …
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. …
Continue Reading about Bankruptcy as a National Security Risk
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 …
Bankruptcy Law’s Doctrinal Evolution: An Empirical Study
By Alex Huang (University of Hong Kong) Bankruptcy law professors often remind their students that although the Bankruptcy …
Continue Reading about Bankruptcy Law’s Doctrinal Evolution: An Empirical Study
Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
By Michelle Saney (Squire Patton Boggs) On June 27, 2024, the Supreme Court issued its long-awaited ruling regarding an …
Continue Reading about Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
The Backstop Party
By Professor Vince Buccola (University of Chicago Law School), Adi Marcovich Gross (Columbia Law School and The Wharton School), …
Independent Directors Properly Exculpated as Debtors’ Disinterested Fiduciaries Under Chapter 11 Plan, Southern District of Texas Bankruptcy Court Rules
By Brian S. Hermann, Jacob A. Adlerstein, Claudia R. Tobler and Lindsay A. Wasserman (Paul, Weiss, Rifkind, Wharton & …
The World of Interlocutory Bankruptcy Appeals
By Bankruptcy Judge Scott C. Clarkson (Central District of California), Taylor Brown-Duncan, (Law Clerk), Sophie Jeltema (Chapman …
Continue Reading about The World of Interlocutory Bankruptcy Appeals
Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
By Prof. Steven L. Schwarcz (Duke University School of Law) Although federal bankruptcy law, epitomized by Chapter 11, has a …
Continue Reading about Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
By Professor Gunjan Seth (Marshall School of Business, University of Southern California) One of the primary challenges faced …
Continue Reading about Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
Rockville Centre Case Offers a Framework for Settling Mass Tort Bankruptcy Claims Post-Purdue
By Hon Robert D. Drain (ret.), Justin Winerman and Jamie Slocum (Skadden, Arps, Slate, Meagher & Flom LLP) After the U.S. …
False Venue Claims Signed Under Penalty of Perjury
By Professor Lynn M. LoPucki (University of Florida Levin College of Law) In a study of venue for the one hundred ninety-five …
Continue Reading about False Venue Claims Signed Under Penalty of Perjury