By Adi Marcovich Gross (Postdoctoral Fellow, Wharton Initiative on Financial Policy and Regulation; JSD Candidate, Columbia Law …
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Can Reasonable Minds Disagree? Wesco Sends Uptier Claims to Fact-Finding
By Ryan Preston Dahl, Leonard Klingbaum, Stephen Iacovo, and Tessa Ptucha (Ropes & Gray LLP) Judge Isgur’s recent …
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Early Stage Capital Raising Trends in Chapter 11 Reorganizations
Editor's Note: See Professor Kenneth Ayotte's recent Roundtable article on sub rosa DIP loans here. By Judge Robert D. Drain, …
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Creditors Strike Back: The Return of the Cooperation Agreement
By Professor Samir Parikh (Lewis & Clark Law School) In the low interest rate environment that followed the Great …
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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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[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 …
[Crypto-Bankruptcy Series] Roundup: Celsius Network LLC
By Jessica R. Graham (Harvard Law School) Note: This post is the seventh post in a series of posts on bankruptcies of …
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[Crypto-Bankruptcy Series] The Treatment of Cryptocurrency Assets in Bankruptcy
By Steven O. Weise, Wai L. Choy, and Vincent Indelicato (Proskauer Rose LLP) Note: This post is the fifth post in a series …
[Crypto Bankruptcy Series] Staking, Yield Farming, Liquidity Mining, Crypto Lending – What are the Customer’s Risks?
By Matthias Lehmann et al. (Universitat Wien) Note: This post is the fourth post in a series of posts on bankruptcies of …
[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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[Crypto-Bankruptcy Series] The FTX Bankruptcy: First Week Motions, Jurisdictional Squabbling, and Other Unusual Developments
By Megan McDermott (University of Wisconsin-Madison School of Law) Note: This post is the first post in a series of posts on …
Balancing Debtor and Creditors’ Interests in Bankruptcy Reorganization Proceedings: Best Practices for the Procedural Design of Claims’ Classification
By Anaïs Alle (Harvard Law School, L.L.M. 2022) Reorganization proceedings, in contrast to liquidation sales, constitute a …
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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Bankruptcy Court Ruling Imposes Lender Liability
By Daniel S. Shamah, Jeff Norton, Jennifer Taylor, Sung Pak, and Joshua Chow (O'Melveny & Myers LLP) “Lender liability” is an …
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Voting Rights Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
By Ronit J. Berkovich (Weil) In a recent decision, In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. 2021) …
Rethinking Priority: The Dawn of the Relative Priority Rule and a New ‘Best Interest of Creditors’ Test in the European Union
By Axel Krohn (Martin-Luther-University Halle-Wittenberg, Germany) The European Directive on restructuring and insolvency …
Ultra III: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On November 26, 2019, the Fifth Circuit granted a petition for rehearing en banc and issued a …
Chapter 11 Plan Distributions Are Not Collateral Covered by Intercreditor Agreement’s Waterfall Provision
By Brad B. Erens and Mark G. Douglas (Jones Day) In In re Energy Future Holdings Corp., 773 Fed. Appx. 89, 2019 WL 2535700 …
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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