By Ralph Brubaker (University of Illinois College of Law) This three-part article analyzes the innovative "Texas Two-Step" …
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The World of Interlocutory Bankruptcy Appeals
By Bankruptcy Judge Scott C. Clarkson (Central District of California), Taylor Brown-Duncan, (Law Clerk), Sophie Jeltema (Chapman …
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Fourth Circuit Holds that Bankruptcy Courts are not Limited by “Case and Controversy” Requirement of Article III
Editor's Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2024. The BRT intends …
And Another Lender Blocking Provision Bites the Dust, Texas Bankruptcy Court Rules
By Adam C. Rogoff and Ashland J. Bernard (Kramer Levin) One feature commonly seen in commercial lending transactions is a …
Appellate Review of a Bankruptcy Court’s Preliminary Injunction
Note: Last week the Roundtable concluded its series on crypto bankruptcies. We will resume our regular posts beginning with this …
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[Crypto-Bankruptcy Series] The Implications of CeFi and DeFi in Bankruptcy: A Hot Take on Celsius
By Kelvin FK Low and Timothy Chan (National University of Singapore) Note: This post is the eighth post in a series of posts …
[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 …
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 …
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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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 …
Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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Bankruptcy Grifters
By Lindsey Simon (University of Georgia School of Law) The recent decision in In re Purdue Pharma did not uphold the third-party …
Chapter 11’s Descent into Lawlessness
By Lynn M. LoPucki (Security Pacific Bank Distinguished Professor of Law, UCLA School of Law) The bankruptcy courts that …
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What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
The Municipal Bond Cases Revisited
By Allison Buccola (Independent) and Vince Buccola (Assistant Professor, The Wharton School) Puerto Rico’s Title III …
Delaware Corporate Law and the “End of History” in Creditor Protection
By Jared A. Ellias (University of California Hastings Law) and Robert J. Stark (Brown Rudnick LLP) We briefly survey the …
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Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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Inequitable Subordination: Distressing Distressed Claims Purchasers by Propagating Subordination Benefit Elimination Theory
By Jay Rao (University of California, Berkeley, School of Law) This Article examines the application of equitable subordination …