By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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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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Does Global Insolvency Law Affect Cross-border Capital Flows?
By Professor Yeejin Jang (School of Banking and Finance, University of New South Wales, Sydney), Jenny Jihyun Tak (School of …
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[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] 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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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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Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
The Legal Anomaly of Non-Recourse Financing
By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
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A Commitment Rule for Insolvency Forum
By Professor Anthony Casey (University of Chicago Law School), Professor Aurelio Gurrea-Martinez (Singapore Management …
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Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
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 …
Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees
By Daniel J. Bussel (Professor of Law, UCLA School of Law) Neither the “American Rule” (each party pays its own attorney) nor …
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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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Mass Exploitation
By Samir D. Parikh (Lewis & Clark Law School; Fulbright Schuman Scholar; Bloomberg Law; Fulbright Commission) Modern mass …