By Jason Jia-Xi Wu (Harvard Law School '23) Bankruptcy has become the endgame of mass tort litigation. Increasingly, …
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 …
[Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
Editor's Note: On December 4, 2023, the Supreme Court heard oral argument in the Purdue Pharma bankruptcy. The Bankruptcy …
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Purdue Pharma Supreme Court Decision: Harvard Law School Bankruptcy Roundtable and Reorg Podcast
By Professors Ralph Brubaker (University of Illinois College of Law), Anthony Casey (University of Chicago Law School), and …
Creditor Rights and Legal Transaction Costs
By Professor Dhruv Aggarwal (Northwestern Pritzker School of Law) Editor’s Note: We will post an argument summary for the …
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[Purdue Pharma Bankruptcy Series] Respondent Briefs (Respondent and pro-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] Petitioner Briefs (US Trustee and other anti-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
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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The Administrative State in Bankruptcy
By Professor Jared Ellias (Harvard Law School) and Professor George Triantis (Stanford Law School) Bankruptcy is becoming …
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The Brave New World of Sovereign Debt Restructuring: The ‘China Conundrum’ and Other Challenges
By Steven T. Kargman (Kargman Associates) Emerging economy and developing country sovereigns have faced daunting economic …
Loan-to-Own 2.0
By Professor Robert Miller (University of South Dakota, Knudson School of Law) The rise of convertible debtor-in-possession …
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] Second Circuit Affirms Permissibility of Nonconsensual Third Party Releases in Purdue Pharma Case
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
PSA Regarding the ABLJ
The American Bankruptcy Law Journal (ABLJ) and Temple University-Beasley School of Law are pleased to announce that the ABLJ is …
[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] Senate Judiciary Committee Subcommittee Hearing on “Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy”: A Recap
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
[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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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 …
Bankruptcy Ruling Bolsters Uptier Transactions Challenges
By James Newton, Geoffrey Peck, and Darren Smolarski (Morrison & Foerster LLP) Editor's Note: This is the Harvard Law …
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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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