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 …
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 …