Editor's Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2024. The BRT intends …
Delaware Bankruptcy Judge Declines to Order Arbitration of Key Pension Claims
By Lisa M. Schweitzer and Emily P. King (Cleary Gottlieb Steen & Hamilton) In an opinion issued on March 27, 2024, in …
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[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] The End(s) of Bankruptcy Exceptionalism: The Future of Mass Tort Reorganization After Purdue Pharma
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] Now Liquidate Purdue
Editor's Note: On June 27, 2024, the Supreme Court ruled in Harrington v. Purdue Pharma that the nonconsensual nondebtor …
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Bankruptcy Law in the Wake of the MeToo Movement
By Adi Marcovich Gross (Postdoctoral Fellow, Wharton Initiative on Financial Policy and Regulation; JSD Candidate, Columbia Law …
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New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation
By Daniel J. Merrett (Jones Day) In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 …
FTX’d: Conflicting Public and Private Interests in Chapter 11
By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
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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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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 Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
Mitigating Rejection of Midstream Agreements in Bankruptcy
By David H. Sweeney, Jason P. Rubin, and Laura P. Warrick (Akin Gump Strauss Hauer & Feld, LLP), with Practical Law Oil & …
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The Judge Behind the Curtain
By Melissa B. Jacoby (Graham Kenan Professor of Law - University of North Carolina School of Law) After a district court halted …
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) …
COVID-19 Debt and Bankruptcy Infrastructure
By Robert K. Rasmussen (USC Gould School of Law) The COVID pandemic put unprecedented pressure on all economies around the …
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“Confessions” of a Forum Shopper, Part II – Debtors Without Borders
By Andrew Dietderich (Sullivan & Cromwell LLP) Part II of Andrew Dietderich’s treatment of the practical side of forum …
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“Confessions” of a Forum Shopper – A Debtor’s View of Venue Choice
By Andrew Dietderich (Sullivan & Cromwell LLP) Corporate debtors can decide if, when and how to file for chapter 11. …
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Chapter 11’s Descent into Lawlessness
By Lynn M. LoPucki (Security Pacific Bank Distinguished Professor of Law, UCLA School of Law) The bankruptcy courts that …
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Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …