By Debora Hoehne, Robert J. Lemons, Artem Skorostensky, and Katherine Lynn (Goodwin Procter) The District Court for the …
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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Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
By Michelle Saney (Squire Patton Boggs) On June 27, 2024, the Supreme Court issued its long-awaited ruling regarding an …
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The Backstop Party
By Professor Vince Buccola (University of Chicago Law School), Adi Marcovich Gross (Columbia Law School and The Wharton School), …
Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
By James Tecce and Bennett Murphy (Quinn Emanuel Urquhart & Sullivan) Lender liability cases invariably invoke the …
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D&O Policy Coverage: Specificity Matters in Bankruptcy Context
By Charles Dale and Nathan Lander (Proskauer Rose LLP) A recent Texas bankruptcy court decision In re Walker County Hospital …
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When Defamation Comes to Bankruptcy Court
By Professor Christopher D. Hampson (University of Florida Levin College of Law) Shortly after Alex Jones and Rudy Giuliani …
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Boston Generating: Second Circuit Triples Down on Its Holding that Transfers Made Under Securities Contracts Are Safe Harbored in Bankruptcy if the Debtor-Transferee is a Customer of a Financial Institution
By Dan T. Moss, Daniel J. Merrett, and Ben Rosenblum (Jones Day) Section 546(e) of the Bankruptcy Code’s “safe harbor” …
The Gift of Exit Financing
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) Hostile restructurings have spilled over …
Inconvenient Bankruptcy Appeals
By Michael Cook (Schulte Roth & Zabel) Too many district courts and bankruptcy appellate panels (BAPs) have been refusing …
Creditor Coalitions in Bankruptcy
By Professor Jing-Zhi Huang, Professor Stefan Lewellen, and Professor Zhe Wang (Pennsylvania State University) Bankruptcy is …
Novel Issues in the Crypto Bankruptcy Cluster
By Jane VanLare and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) The past two years have seen a cluster of …
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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Judge Rules SPAC Trust Account Sacred for Public Shareholders and Not Property of the Estate
Editor's Note: This will be the HLS BRT's last post of the semester and we look forward to resuming posts in late January 2025. …
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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Opting into opting out: Due process and opt-out releases
By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
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Corporate Transparency Act: Are Bankruptcy Trustees and Court Appointed Receivers Obligated to File Beneficial Ownership Information Reports with FINCEN on Behalf of Debtor Entities?
By Mark Wisniewski* (Berger Singerman) The Corporate Transparency Act (CTA) requires both domestic and foreign reporting …
Equity for Intermediaries: The Resolution of Financial Firms in Bankruptcy and Bank Resolution
By Professor Edward J. Janger (Brooklyn Law School) Professor Edward J. Janger This Essay considers the role of bankruptcy …
Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
By Timothy Q. Karcher, David M. Hillman, Vincent Indelicato, and Charles A. Dale (Proskauer Rose LLP) There is a growing …
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Everyone is Talking About Bankruptcy Directors
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) The proliferation of bankruptcy directors …
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