By Dolan Bortner (Stanford Law School) When a federal judge encounters a statutory gap too wide to fill through ordinary …
Liability Management’s Limited Runway: Corporate Restructuring Today
By Mark Roe (Harvard Law School) and Vasile Rotaru (Harvard Law School; University of Oxford) Coercive, non-pro rata debt …
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Lessons From the Silicon Valley Bank Chapter 11: Preserving Indemnification and Contribution Rights
By Shana A. Elberg, Bram A. Strochlic, and Moshe S. Jacob (Skadden, Arps, Slate, Meagher & Flom LLP and …
Recharacterizing Contracts: The Sale-versus-Loan Problem of Receivables Financing
By Steven L. Schwarcz (Duke University School of Law) and Isabelle Stewart (Duke University School of Law) This Article …
Mass-Tort Trusts and the Faustian Bargain
By Samir D. Parikh (Wake Forest University - School of Law) and Suneal Bedi (Indiana University - Kelley School of …
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Florida Bankruptcy Court: Proposed DIP Financing and Sale Framework for Administratively Insolvent Debtors Did Not Violate Jevic’s Prohibition of Priority-Deviating Distributions
By Jeffrey Ellman (Jones Day) The U.S. Supreme Court ruled in Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017), that the …
The Real Effects of Bankruptcy Forum Shopping
By Samuel Antill (Harvard Business School) and Aymeric Bellon (UNC Kenan-Flagler Business School) Many firms file for Chapter …
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When Tort Liability Bankrupts Labor
By Alvin Velazquez (Indiana University Maurer School of Law) The main character in 2019 Game of the Year Award winning video …
Liability Management Exercises Mature
By Robert Miller (University of South Dakota Law School) When large, distressed entities restructure, they typically prefer …
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Outnumbered, Not Outplayed: Minority Lenders Successfully Challenge Exclusive Backstop Agreement on Equal Treatment Grounds in ConvergeOne
By Debora Hoehne, Robert J. Lemons, Artem Skorostensky, and Katherine Lynn (Goodwin Procter) The District Court for the …
Insolvency and systemic risks: The macroeconomic costs of director duties in crisis
By Adi Marcovich Gross (Reichman University & The Wharton School) The traditional thinking is that insolvency duties …
Recognition of Nonconsensual Third-Party Releases in Ch. 15 After Purdue
By George W. Shuster, Jr. (WilmerHale) and Benjamin W. Loveland (WilmerHale) The Supreme Court’s decision in Harrington v. …
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Bankruptcy’s Demise: The Flawed Safe Harbor
By Steven L. Schwarcz (Duke University of Law) The primary goals of corporate reorganization under Chapter 11 of the federal …
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Tariffs, a Trade War, and Tumult in the Global Trading System: Yet Another Potential Economic Shock to Emerging Economies
By Steven T. Kargman (Kargman Associates) The tariffs announced by the Trump administration are widely expected to lead to …
Assessing the Legitimacy of the “Texas Two-Step” Mass-Tort Bankruptcy
By Ralph Brubaker (University of Illinois College of Law) This three-part article analyzes the innovative "Texas Two-Step" …
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The Treatment of Digital Assets in Insolvency
By Nydia Remolina (Singapore Management University, Yong Pung How School of Law), Aurelio Gurrea-Martínez (Singapore Management …
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Legal Heterodoxy in the Global South: Priority of Workers versus Secured Creditors in Insolvency
By Kevin Davis (New York University), Mariana Pargendler (Harvard Law School), and Maria Eduarda Lessa (No affiliation) Our …
Key Lessons for Aircraft Lessors from the Ukraine/Russia Conflict: A Bankruptcy Perspective
By Gulnur Bekmukhanbetova (U.C. Berkeley, graduate) and Ainur Merziyasheva (Vice President, Legal Counsel, Citibank …
Bankruptcy as a National Security Risk
By Jason Jia-Xi Wu (Law Clerk; Harvard Law School) Defense contractors lie at the heart of the U.S. national security regime. …
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Sustainable Bankruptcy
By G. Ray Warner (St. John's University) Sustainability is about consequences, and a sustainable approach to bankruptcy …