By Steven T. Kargman (Kargman Associates) Editor's Note: This post is the second in a mini-series on Venezuela's sovereign …
Venezuela’s Debt Restructuring: An Alternative Path
By Richard J. Cooper, Ignacio Lagos, and Sean O'Connell (Cleary Gottlieb Steen & Hamilton LLP)* In the aftermath of its …
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New York District Court Affirms Narrow Scope of “Public Policy Exception” in Chapter 15 Cases
By Corinne Ball, Dan T. Moss, David S. Torborg, and Isel M. Perez (Jones Day) Chapter 15 of the Bankruptcy Code reached its …
When She Fails: Women Entrepreneurs and Gender Gaps in Business Bankruptcy
By Hosein Maleki (Rutgers Business School), Mahsa Kaviani (University of Delaware), Simi Kedia (Rutgers Business School), and …
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Creditor-On-Creditor Violence
By Samuel Antill (Harvard Business School), Neng Wang (Columbia Business School & Cheung Kong Graduate School of Business) …
Chapter 11 Plan that Abridged Non-Debtor Lessee’s Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith
By Trisha L. Mowbray & Ryan Sims (Jones Day) The Bankruptcy Code includes special protections for real property lessees …
New Jersey bankruptcy court upholds debtor-chosen venue under Asset Based Approach
By Megan Wasson & Rebecca Polinsky (HSF Kramer LLP) The bankruptcy venue statute, 28 U.S.C. Section 1408, allows a debtor …
Bankruptcy as Presidential Resistance
By Alvin Velazquez (Indiana University Maurer School of Law) Editor's Note: Professor Velazquez's article was recently …
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Bankruptcy Redemption Options
By Richard Hynes (University of Virginia School of Law) The ancient right of redemption allows a party to repurchase assets …
The Erie Doctrine, Code Common Law, and Choice-of-Law Rules in Bankruptcy
By Ralph Brubaker (University of Illinois College of Law) State law pervades bankruptcy litigation, as all parties’ relative …
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Bankruptcy’s Trilemma: A Unifying Framework
By Kenneth Ayotte (University of California Berkeley), Jason Donaldson (University of Southern California), and Giorgia Piacentino …
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Lessons from the Convergence of Corporate Restructurings
By Robert Miller (University of South Dakota Law School) The two principal mechanisms for large corporate …
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The Value And Legality Of Lender Cooperation Agreements
By Brett Seaton (The Wharton School, University of Pennsylvania) Editor's Note: At the time of writing this article, Brett …
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Liability Management 2026: For Better or Worse
By Joshua A. Feltman, Emil A. Kleinhaus, Michael S. Benn, Benjamin S. Arfa, Michael H. Cassel, Stephanie A. Marshak, and Matthew …
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Distressed Debt Legal Insights: Fossil Group’s UK Restructuring Plan
By Leonard Klingbaum, Matthew Czyzyk, Sam Badawi, Nitin Konchady, Faiza N. Rahman, Matthew M. Roose, Natalie Blanc, Natalie Raine, …
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The Global Law of Debt
By Jared A. Ellias (Harvard Law School) and Narine Lalafaryan (University of Cambridge, Faculty of Law; Cambridge Endowment for …
Houston, We Have (Another) Problem
By Jeffrey Pawlitz (Willkie Farr & Gallagher LLP) In September 2025, the U.S. District Court for the Southern District of …
Judging Business Judgment: The Federal Common Law of Bankruptcy Transactions in Chapter 11
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 …