By Debora Hoehne, Robert J. Lemons, Artem Skorostensky, and Katherine Lynn (Goodwin Procter) The District Court for the …
Recognition of Nonconsensual Third-Party Releases in Ch. 15 After Purdue
By George W. Shuster, Jr. (WilmerHale) and Benjamin W. Loveland (WilmerHale) The Supreme Court’s decision in Harrington v. …
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A Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence
Editor's Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2025. The BRT intends …
Exit Consents in a Liability Management World
By Dennis Jenkins (Willkie Farr & Gallagher LLP) As liability management exercises (LMEs) and creditor-on-creditor …
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Independent Directors Properly Exculpated as Debtors’ Disinterested Fiduciaries Under Chapter 11 Plan, Southern District of Texas Bankruptcy Court Rules
By Brian S. Hermann, Jacob A. Adlerstein, Claudia R. Tobler and Lindsay A. Wasserman (Paul, Weiss, Rifkind, Wharton & …
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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Inconvenient Bankruptcy Appeals
By Michael Cook (Schulte Roth & Zabel) Too many district courts and bankruptcy appellate panels (BAPs) have been refusing …
BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
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Potential Resurrection of Creditor Derivative Suits on Behalf of Debtor LLCs
By Kate Scherling (Quinn Emanuel Urquhart & Sullivan, LLP) Until recently, the judges of the Delaware bankruptcy court …
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New York Bankruptcy Court Raises the Cost of Keeping Funded Debt: Debtor Needs to Pay Default Interest Rate in Reinstatement of Accelerated Debt
By Adam C. Rogoff, Nancy M. Bello, and Gabriel Eisenberger (Kramer Levin LLP) The interplay between reinstatement of funded …
Can AI Help Explain Bankruptcy Law?
By Deepak Subburam (Copula AI) I am a machine-learning engineer who maintains a database of bankruptcy case law, at the …
[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 …
[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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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 …
Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
[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 …
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 …
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 …
Roundup: Ultra Petroleum and Contractual Make-Wholes
The Fifth Circuit held in October of this year in In re Ultra Petroleum Corp., 51 F.4th 138 (5th Cir. 2022) that a contractual …
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The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
By Colin Davidson and Catherine Jun (Sheppard, Mullin, Richter & Hampton LLP) Cannabis is now legal in 19 states and …
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