By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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[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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Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Please Don’t Forget the Victims: Mass Torts, Third Party Releases and the U.S. Bankruptcy Code
By Marshall S. Huebner and Marc J. Tobak (Davis Polk & Wardwell LLP) [Editor's Note: The authors, along with other …
[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 …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Introduction to LTL Management’s Bankruptcy
By Jin Lee and Amelia Ricketts (Harvard Law School) Note: This is the first in a series of posts on the Texas Two Step, the …
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 …
Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
Senate Judiciary Committee Subcommittee Hearing on the “Texas Two-Step”: A Recap
By Amelia S. Ricketts (Harvard Law School) and Jin Lee (Harvard Law School) On February 8, 2022, the Senate Subcommittee on …
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 …
COVID-19 Debt and Bankruptcy Infrastructure
By Robert K. Rasmussen (USC Gould School of Law) The COVID pandemic put unprecedented pressure on all economies around the …
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Reorganization of Corporate Groups in Brazil: Substantive Consolidation and the Limited Liability Tale
By Sheila C. Neder Cerezetti (Professor of Law, University of São Paulo Law School) As argued by prominent Brazilian scholars, …
Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
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Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
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Congress is ignoring the best solution for troubled companies: bankruptcy
By Jared A. Ellias (University of California Hastings College of the Law), George Triantis (Stanford Law School) During the …
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Amending insolvency legislation in response to the COVID-19 crisis
By Gert-Jan Boon, Leiden University (The Netherlands) The COVID-19 (corona) virus has reached pandemic status. It currently …
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This DIP Loan Brought to You by Someone Who CARES!
By Thomas J. Salerno, Gerald Weidner, Christopher Simpson, and Susan Ebner, (Stinson …
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Will Bankruptcy Preference Lawsuits Decline due to Statutory Changes?
By Lisa P. Sumner (Nexsen Pruet) Two recent amendments to the U.S. Bankruptcy Code impose new hurdles for debtors and trustees to …
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Keeping Up with the Joneses: In Bold Cross-border Move, the DIFC Enacts New Insolvency Law
By Laura Smith (Norton Rose Fulbright) The Dubai International Financial Centre (the "DIFC"), one of the leading international …
The Employee Rights in Employer Bankruptcy Act
By Robert Hockett (Cornell Law School) The Blackjewel Coal bankruptcy of summer 2019 exposed critical weaknesses in our …
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