By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) Hostile restructurings have spilled over …
Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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[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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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) …
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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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. …
COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
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Same Class, Different Recoveries — No Bar to Plan Confirmation
By Francis J. Lawall and John Henry Schanne II (Pepper Hamilton LLP) In Ad Hoc Committee of Non-Consenting Creditors v. Peabody …
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Equitable Mootness Doctrine Persists in Bankruptcy Appeals
By Shana A. Elberg, Amy Van Gelder, and Jason M. Liberi (Skadden, Arps, Slate, Meagher & Flom LLP) In recent years, some …
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Recent Developments in Bankruptcy Law October 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Finding Acceptance: Using Strategic Impairment to Satisfy 1129(a)(10)
by David L. Curry, Jr. and Ryan A. O’Connor (Okin Adams LLP; Houston, Texas) Section 1129(a)(10) of the Bankruptcy Code – …
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Bankruptcy’s Quiet Revolution
Douglas G. Baird, University of Chicago School of Law Over the last few years, reorganization practice has undergone a …
Earnings Management and Firm Value in Chapter 11
Timothy C.G. Fisher, University of Sydney Ilanit Gavious, Ben-Gurion University of the Negev Jocelyn Martel, ESSEC Business …
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