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
Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
By James Tecce and Bennett Murphy (Quinn Emanuel Urquhart & Sullivan) Lender liability cases invariably invoke the …
Continue Reading about Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
The Loan Market Response to Dropdown and Uptier Transactions
By Professor Vincent S.J. Buccola (University of Chicago Law School) and Professor Greg Nini (LeBow College of Business at Drexel …
Continue Reading about The Loan Market Response to Dropdown and Uptier Transactions
Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
By Shana A. Elberg, Moshe S. Jacob, and Bram A. Strochlic (Skadden, Arps, Slate, Meagher & Flom LLP) 2024 saw a rise in …
D&O Policy Coverage: Specificity Matters in Bankruptcy Context
By Charles Dale and Nathan Lander (Proskauer Rose LLP) A recent Texas bankruptcy court decision In re Walker County Hospital …
Continue Reading about D&O Policy Coverage: Specificity Matters in Bankruptcy Context
Boston Generating: Second Circuit Triples Down on Its Holding that Transfers Made Under Securities Contracts Are Safe Harbored in Bankruptcy if the Debtor-Transferee is a Customer of a Financial Institution
By Dan T. Moss, Daniel J. Merrett, and Ben Rosenblum (Jones Day) Section 546(e) of the Bankruptcy Code’s “safe harbor” …
The Gift of Exit Financing
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) Hostile restructurings have spilled over …
Creditor Coalitions in Bankruptcy
By Professor Jing-Zhi Huang, Professor Stefan Lewellen, and Professor Zhe Wang (Pennsylvania State University) Bankruptcy is …
Novel Issues in the Crypto Bankruptcy Cluster
By Jane VanLare and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) The past two years have seen a cluster of …
Continue Reading about Novel Issues in the Crypto Bankruptcy Cluster
Judge Rules SPAC Trust Account Sacred for Public Shareholders and Not Property of the Estate
Editor's Note: This will be the HLS BRT's last post of the semester and we look forward to resuming posts in late January 2025. …
BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
Continue Reading about BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Opting into opting out: Due process and opt-out releases
By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
Continue Reading about Opting into opting out: Due process and opt-out releases
Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
By Timothy Q. Karcher, David M. Hillman, Vincent Indelicato, and Charles A. Dale (Proskauer Rose LLP) There is a growing …
Continue Reading about Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
Everyone is Talking About Bankruptcy Directors
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) The proliferation of bankruptcy directors …
Continue Reading about Everyone is Talking About Bankruptcy Directors
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 …
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 …
Continue Reading about Delaware Bankruptcy Judge Declines to Order Arbitration of Key Pension Claims
[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 …