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 …
The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
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Special Considerations for Protecting Interests under Water Agreements in Bankruptcy
By Rahul D. Vashi, Anna G. Rotman, Chris Heasley, Shubi Arora, Kenneth A. Young, Fraser F. Wayne, and John C. Elkins (Kirkland …
Big Data Meets Bankruptcy
By Carl Wedoff (Jenner & Block), David P. Saunders (Jenner & Block) For as long as there have been consumer …
Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
Secured Creditor’s “Net Economic Damages” Estimate of Disputed Claims “Plainly Insufficient” to Establish Collateral Value
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
Want to Take Control of Professional Fees in Large Chapter 11 Bankruptcy Cases? Talking with Your Client’s General Counsel is a Good First Step
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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