By Adi Marcovich Gross (Reichman University & The Wharton School) The traditional thinking is that insolvency duties …
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 …
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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 …
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Everyone is Talking About Bankruptcy Directors
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) The proliferation of bankruptcy directors …
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Pledged Equity Proxy Rights and the Rise of the Board Flip
By David N. Griffiths and Alexander P. Cohen (Weil, Gotshal & Manges) Summary 1. Sponsors should be aware of recent …
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The Rise of The Sponsor-in-Possession and Implications for Sponsor (Mis)Behavior
By Dan Kamensky (Adjunct Professor of Finance & co-Director Altman – Paulson Initiative on Bankruptcy, Restructuring & …
Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
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] 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 …
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 …
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 …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Postscript and Analysis of Third Circuit Dismissal of LTL Management’s Bankruptcy
Editor's Note: On November 1, 2022, the BRT concluded our eight-part series on the Texas Two-Step, the bankruptcy of LTL …
[Crypto-Bankruptcy Series] The Public and the Private of the FTX Bankruptcy
By Diane Lourdes Dick and Christopher K. Odinet (University of Iowa) Note: This post is the third post in a series of posts …
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Bankruptcy-Remote Structuring: Reallocating Risk Through Law
By Steven Schwarcz (Stanley A. Star Distinguished Professor of Law & Business, Duke University School of …
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[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] A Different Look at Sec. 548 and Concluding Thoughts
Note: This is the eighth in a series of posts on the Texas Two-Step, the bankruptcy of LTL Management, and the future of mass tort …
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 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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“A Bitter Result”: Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies
By William Organek (Harvard Law School) Purdue Pharma, the maker of OxyContin, filed for bankruptcy in 2019 to resolve …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step and Mandatory Non-Opt-Out Settlement Powers
By Ralph Brubaker (University of Illinois College of Law) Note: This is the sixth in a series of posts on the Texas Two-Step, the …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Is the Texas Two-Step a Proper Chapter 11 Dance?
By David Skeel (University of Pennsylvania Carey Law School) Note: This is the fifth in a series of posts on the Texas Two-Step, …