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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Death, Bankruptcy, and the Public Hospital
By Michael Francus (Notre Dame Law School) The COVID-19 pandemic highlighted, and strained, finances across the healthcare …
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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 …
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 …
Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
Sears Holding: A Case Study in Valuing Collateral in Chapter 11
By Mark G. Douglas and Oliver S. Zeltner (Jones Day) Valuation is a critical and indispensable part of the bankruptcy …
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Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School) Corporate bankruptcy cases have recently undergone a shift. After decades where …
[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] Quantifying Cryptocurrency Claims in Bankruptcy: Does the Dollar Still Reign Supreme?
By Ingrid Bagby, Michele Maman, Anthony Greene, and Marc Veilleux (Cadwalader Wickersham & Taft LLP) Note: This post is the …
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 …
The Fee Hike Dilemma: The U.S. Supreme Court Resolves Fee Dispute and Holds Fee Hike Unconstitutional
By Brigid K. Ndege (Lewis Brisbois Bisgaard & Smith LLP) and Christian Conway (Clark Hill PLC) Parties have long …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step: The Code Says it’s a Transfer
By Mark Roe and William Organek (Harvard Law School) Note: This is the seventh in a series of posts on the Texas Two-Step, the …
Aviation Chapter 11 Cases Take Flight
By Kelly DiBlasi and Jason George (Weil, Gotshal & Manges LLP) Increased competition, rising fuel costs, and the …
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Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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S.D.N.Y. Judge Holds Bankruptcy Code Prohibits Board-Appointed Officers from Receiving Payments Under a KERP
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …