By Richard Cooper, Luke Barefoot, and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) Recent volatility in the global …
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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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How Do Bankruptcy Grifters Destroy Value in Mass Tort Settlements? In re Purdue Pharma as a Bargaining Failure
By Jason Jia-Xi Wu (Harvard Law School '23) Bankruptcy has become the endgame of mass tort litigation. Increasingly, …
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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Purdue Pharma Supreme Court Decision: Harvard Law School Bankruptcy Roundtable and Reorg Podcast
By Professors Ralph Brubaker (University of Illinois College of Law), Anthony Casey (University of Chicago Law School), and …
[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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Loan-to-Own 2.0
By Professor Robert Miller (University of South Dakota, Knudson School of Law) The rise of convertible debtor-in-possession …
[Purdue Pharma Bankruptcy Series] The Rule of the Deal: Bankruptcy Bargains and Other Misnomers and Sorting Bugs and Features of Mass Tort Bankruptcy
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
[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 …
[Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
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Chapter 11’s Inclusivity Problem
By Sarah Paterson (LSE Law School) and Adrian Walters (Chicago-Kent College of Law) [Editor's Note: This article will be …
Standardizing and Unbundling the Sub Rosa DIP Loan
By Kenneth Ayotte and Alex Zhicheng Huang (University of California, Berkeley School of Law) In many recent Chapter 11 cases, …
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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 …
In Defense of Chapter 11 for Mass Torts
By Anthony J. Casey and Joshua Macey (University of Chicago Law School) Recent high-profile bankruptcies involve the use of …
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