By Ronit J. Berkovich (Weil Gotshal & Manges) and Eric Einhorn (Weil Gotshal & Manges) In a recent decision, In re …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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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) …
J. Crew, Nine West, and the Complexities of Financial Distress
By Kenneth Ayotte (University of California - Berkeley School of Law) and Christina Scullly (University of California - Berkeley …
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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 …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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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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Bankruptcy’s Equity Canon
By Jared Mayer (Law Clerk, Supreme Court of New Jersey) The Bankruptcy Code constrains bankruptcy courts’ equitable powers, yet …
Mass Exploitation
By Samir D. Parikh (Lewis & Clark Law School; Fulbright Schuman Scholar; Bloomberg Law; Fulbright Commission) Modern mass …
Courts in Puerto Rico Case Adopts Alternative Test to Find Settlement Agreements Were Executory
By John Beck and Jennifer Lee (Hogan Lovells) A debtor can elect to either assume or reject an executory contract under …
Voting Rights Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
Structuring and Practice for Aircraft Leases to Prevent Lease Payments from Being Clawed Back in a Lessee Bankruptcy
By Stewart B. Herman (Katten) and Timothy J. Lynes (Katten) In King v. Bombardier Aerospace Corporation et al., the trustee …
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 Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
By Ronit J. Berkovich (Weil) In a recent decision, In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. 2021) …
Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
By Edward J. Janger (Professor, Brooklyn Law School) and Stephan Madaus (Professor, Martin-Luther-University …
Reorganization without Bankruptcy: Untying the Gordian Knot That Destroys Firm Value
By Noam Sher (Assistant Professor of Law, Ono Academic College, Israel) In a recent article, I present a new theory for …
Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
By Jordan Neyland (Assistant Professor of Law, Antonin Scalia Law School at George Mason University) and Kathryn St. John (Legal …
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Bankruptcy & Bailouts; Subsidies & Stimulus: The Government Toolset for Responding to Market Distress
By Anthony J. Casey (The University of Chicago Law School) In the spring of 2020, as the Covid-19 pandemic shut down economies …