By Professor Vincent S.J. Buccola (University of Chicago Law School) and Professor Greg Nini (LeBow College of Business at Drexel …
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Boston Generating: Second Circuit Triples Down on Its Holding that Transfers Made Under Securities Contracts Are Safe Harbored in Bankruptcy if the Debtor-Transferee is a Customer of a Financial Institution
By Dan T. Moss, Daniel J. Merrett, and Ben Rosenblum (Jones Day) Section 546(e) of the Bankruptcy Code’s “safe harbor” …
The Gift of Exit Financing
By Professor Robert W. Miller (University of South Dakota, Knudson School of Law) Hostile restructurings have spilled over …
Inconvenient Bankruptcy Appeals
By Michael Cook (Schulte Roth & Zabel) Too many district courts and bankruptcy appellate panels (BAPs) have been refusing …
BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
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Opting into opting out: Due process and opt-out releases
By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
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Does Global Insolvency Law Affect Cross-border Capital Flows?
By Professor Yeejin Jang (School of Banking and Finance, University of New South Wales, Sydney), Jenny Jihyun Tak (School of …
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Corporate Transparency Act: Are Bankruptcy Trustees and Court Appointed Receivers Obligated to File Beneficial Ownership Information Reports with FINCEN on Behalf of Debtor Entities?
By Mark Wisniewski* (Berger Singerman) The Corporate Transparency Act (CTA) requires both domestic and foreign reporting …
Equity for Intermediaries: The Resolution of Financial Firms in Bankruptcy and Bank Resolution
By Professor Edward J. Janger (Brooklyn Law School) Professor Edward J. Janger This Essay considers the role of bankruptcy …
Bankruptcy Court Frowns on SmileDirect’s Dismissal Request
By Timothy Q. Karcher, David M. Hillman, Vincent Indelicato, and Charles A. Dale (Proskauer Rose LLP) There is a growing …
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Changes to Confirmed “Toggle” Chapter 11 Plan Required No Additional Disclosure and Voting Where Creditors’ Rights Not Materially and Adversely Affected
By Mark A. Cody (Jones Day) This article was originally published in Practical Guidance. The views and opinions set forth …
Pledged Equity Proxy Rights and the Rise of the Board Flip
By David N. Griffiths and Alexander P. Cohen (Weil, Gotshal & Manges) Summary 1. Sponsors should be aware of recent …
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FTX’d: Conflicting Public and Private Interests in Chapter 11
By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
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Bankruptcy’s Turn to Market Value
By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
Predicting Bankruptcy: Ask the Employees
By Professor John Knopf (University of Connecticut School of Business) and Professor Kristina Lalova (Michigan State University - …
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The Administrative State in Bankruptcy
By Professor Jared Ellias (Harvard Law School) and Professor George Triantis (Stanford Law School) Bankruptcy is becoming …
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An Introduction to the Unique Issues in Bank Holding Company Bankruptcies
By Justin Winerman, James Mazza, Van Durrer, Ron Meisler, and Shana Elberg (Skadden, Arps, Slate, Meagher & Flom LLP) In …
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Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
[Crypto-Bankruptcy Series] The Treatment of Cryptocurrency Assets in Bankruptcy
By Steven O. Weise, Wai L. Choy, and Vincent Indelicato (Proskauer Rose LLP) Note: This post is the fifth post in a series …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …