By Ronit J. Berkovich (Weil Gotshal & Manges) and Eric Einhorn (Weil Gotshal & Manges) In a recent decision, In re …
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) …
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 …
Continue Reading about Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
Bankruptcy Grifters
By Lindsey Simon (University of Georgia School of Law) The recent decision in In re Purdue Pharma did not uphold the third-party …
Viability Assessment in Corporate Debt Restructuring: Optimizing the Filtration Effect of the European Directive on Restructuring and Insolvency
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
Mandatory Disclosure in Corporate Debt Restructuring via Schemes of Arrangement: A Comparative Approach
By Casey Watters (Bond University) and Wai Yee Wan (City University of Hong Kong) Creditors often face significant …
Loan Forgiveness as Basis for Fraudulent Transfer Claims
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
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 …
Continue Reading about Chapter 11’s Descent into Lawlessness
Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
By Nicholas A. Koffroth (Fox Rothschild) In Insys Liquidation Trust v. MeKesson Corporation (In re Insys Therapeutics, Inc.), …
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 …
What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
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) …
Government Activism in Bankruptcy
By Jared A. Ellias (Bion M. Gregory Chair in Business Law and Professor of Law, UC Hastings College of Law) and George Triantis …
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 …
Continue Reading about Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
Continue Reading about Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
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 …
Continue Reading about The Proceduralist Inversion – A Response to Skeel