Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
Continue Reading about 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 …
Continue Reading about Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: See Professor Kenneth Ayotte's recent Roundtable article on sub rosa DIP loans here. By Judge Robert D. Drain, …
Continue Reading about Early Stage Capital Raising Trends in Chapter 11 Reorganizations
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
Continue Reading about [Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
By Michael Rosella (Katten Muchin Rosenman LLP) and Dan McElhinney (Stretto) The crypto winter has arrived! Among many other …
Continue Reading about Preference Due Diligence in the Crypto Winter
By Thomas Goslin (Weil, Gotshal, & Manges LLP) Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that issues as to …
Continue Reading about Recent Developments at the Intersection of Bankruptcy and Environmental Law
By Ronald Silverman, John Beck and Katherine Lynn (Hogan Lovells) The Fifth Circuit recently issued an opinion, Federal …
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
By Ronit J. Berkovich (Weil Gotshal & Manges) and Eric Einhorn (Weil Gotshal & Manges) In a recent decision, In re …
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
Continue Reading about Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Lindsey Simon (University of Georgia School of Law) The recent decision in In re Purdue Pharma did not uphold the third-party …
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
By Casey Watters (Bond University) and Wai Yee Wan (City University of Hong Kong) Creditors often face significant …
By Jeffrey Cohen, Michael A. Kaplan, and Colleen M. Maker (Lowenstein Sandler) In Loan Forgiveness as Basis for Fraudulent …
Continue Reading about Loan Forgiveness as Basis for Fraudulent Transfer Claims