By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Preference Due Diligence in the Crypto Winter
By Michael Rosella (Katten Muchin Rosenman LLP) and Dan McElhinney (Stretto) The crypto winter has arrived! Among many other …
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Recent Developments at the Intersection of Bankruptcy and Environmental Law
By Thomas Goslin (Weil, Gotshal, & Manges LLP) Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that issues as to …
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Fifth Circuit Doubles Down on Right to Reject Filed-rate Contracts, but With an Exception
By Ronald Silverman, John Beck and Katherine Lynn (Hogan Lovells) The Fifth Circuit recently issued an opinion, Federal …
Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
Texas Two-Stepping Out of Bankruptcy
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims
By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court
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 …
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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 …
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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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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. …