By Jason Jia-Xi Wu (Law Clerk; Harvard Law School) Defense contractors lie at the heart of the U.S. national security regime. …
Continue Reading about Bankruptcy as a National Security Risk
Sustainable Bankruptcy
By G. Ray Warner (St. John's University) Sustainability is about consequences, and a sustainable approach to bankruptcy …
A Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence
Editor's Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2025. The BRT intends …
Mind the Gap: The Uncertain Status of Aircraft Lenders to Foreign Airlines in Chapter 11
By Prof. Kenneth Ayotte (University of California, Berkeley School of Law) and Gulnur Bekmukhanbetova (Winstead PC) On July …
Crossing the Rubicon: Assembling a Litigation Colossus in Mass Torts
By Samir Parikh (Wake Forest University School of Law) In 2021, Arizona created the alternative business structure (ABS), …
Continue Reading about Crossing the Rubicon: Assembling a Litigation Colossus in Mass Torts
Exit Consents in a Liability Management World
By Dennis Jenkins (Willkie Farr & Gallagher LLP) As liability management exercises (LMEs) and creditor-on-creditor …
Continue Reading about Exit Consents in a Liability Management World
Bankruptcy Law’s Doctrinal Evolution: An Empirical Study
By Alex Huang (University of Hong Kong) Bankruptcy law professors often remind their students that although the Bankruptcy …
Continue Reading about Bankruptcy Law’s Doctrinal Evolution: An Empirical Study
Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
By Michelle Saney (Squire Patton Boggs) On June 27, 2024, the Supreme Court issued its long-awaited ruling regarding an …
Continue Reading about Judge Goldblatt Reconsiders What Constitutes“Consent” Post Purdue Pharma
The Backstop Party
By Professor Vince Buccola (University of Chicago Law School), Adi Marcovich Gross (Columbia Law School and The Wharton School), …
Independent Directors Properly Exculpated as Debtors’ Disinterested Fiduciaries Under Chapter 11 Plan, Southern District of Texas Bankruptcy Court Rules
By Brian S. Hermann, Jacob A. Adlerstein, Claudia R. Tobler and Lindsay A. Wasserman (Paul, Weiss, Rifkind, Wharton & …
The World of Interlocutory Bankruptcy Appeals
By Bankruptcy Judge Scott C. Clarkson (Central District of California), Taylor Brown-Duncan, (Law Clerk), Sophie Jeltema (Chapman …
Continue Reading about The World of Interlocutory Bankruptcy Appeals
Purdue: Impacts on Cross-Border Restructurings
By Thomas Kessler and Emily King (Cleary Gottlieb Steen & Hamilton LLP) On June 27, 2024, the United States Supreme Court …
Continue Reading about Purdue: Impacts on Cross-Border Restructurings
Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
By Prof. Steven L. Schwarcz (Duke University School of Law) Although federal bankruptcy law, epitomized by Chapter 11, has a …
Continue Reading about Bankruptcy’s Redistributive Policies: Net Value or a “Zero-Sum Game”?
Chapter 15 Case Demonstrates Its Effectiveness as an Expedient Judicial Solution for Singaporean Insolvencies in the United States
By Amy Caton, Thomas Moers Mayer, Adam C. Rogoff, Megan M. Wasson, and Ashland J. Bernard (Kramer Levin) In contrast with …
Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
By Professor Gunjan Seth (Marshall School of Business, University of Southern California) One of the primary challenges faced …
Continue Reading about Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
Rockville Centre Case Offers a Framework for Settling Mass Tort Bankruptcy Claims Post-Purdue
By Hon Robert D. Drain (ret.), Justin Winerman and Jamie Slocum (Skadden, Arps, Slate, Meagher & Flom LLP) After the U.S. …
False Venue Claims Signed Under Penalty of Perjury
By Professor Lynn M. LoPucki (University of Florida Levin College of Law) In a study of venue for the one hundred ninety-five …
Continue Reading about False Venue Claims Signed Under Penalty of Perjury
Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
By James Tecce and Bennett Murphy (Quinn Emanuel Urquhart & Sullivan) Lender liability cases invariably invoke the …
Continue Reading about Lender Liability At Forty: Thinking Through “Implied Covenant” Claims
The Loan Market Response to Dropdown and Uptier Transactions
By Professor Vincent S.J. Buccola (University of Chicago Law School) and Professor Greg Nini (LeBow College of Business at Drexel …
Continue Reading about The Loan Market Response to Dropdown and Uptier Transactions
Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
By Shana A. Elberg, Moshe S. Jacob, and Bram A. Strochlic (Skadden, Arps, Slate, Meagher & Flom LLP) 2024 saw a rise in …