Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
Continue Reading about [Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Chapter 11’s Inclusivity Problem
By Sarah Paterson (LSE Law School) and Adrian Walters (Chicago-Kent College of Law) [Editor's Note: This article will be …
Bankruptcy Ruling Bolsters Uptier Transactions Challenges
By James Newton, Geoffrey Peck, and Darren Smolarski (Morrison & Foerster LLP) Editor's Note: This is the Harvard Law …
Continue Reading about Bankruptcy Ruling Bolsters Uptier Transactions Challenges
Standardizing and Unbundling the Sub Rosa DIP Loan
By Kenneth Ayotte and Alex Zhicheng Huang (University of California, Berkeley School of Law) In many recent Chapter 11 cases, …
Continue Reading about Standardizing and Unbundling the Sub Rosa DIP Loan
One Person Can Knock Out Our Firm? Imputation and Retention Risks for Professionals Under Chapter 11
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
Death, Bankruptcy, and the Public Hospital
By Michael Francus (Notre Dame Law School) The COVID-19 pandemic highlighted, and strained, finances across the healthcare …
Continue Reading about Death, Bankruptcy, and the Public Hospital
Silencing Litigation Through Bankruptcy
By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
Continue Reading about Silencing Litigation Through Bankruptcy
Second Circuit Weighs In on Bankruptcy Code v. Chapter 11 Plan Impairment and the Solvent-Debtor Exception
By Dan B. Prieto and Mark G. Douglas (Jones Day) A handful of recent high-profile court rulings have considered whether a …
In Defense of Chapter 11 for Mass Torts
By Anthony J. Casey and Joshua Macey (University of Chicago Law School) Recent high-profile bankruptcies involve the use of …
Continue Reading about In Defense of Chapter 11 for Mass Torts
And Another Lender Blocking Provision Bites the Dust, Texas Bankruptcy Court Rules
By Adam C. Rogoff and Ashland J. Bernard (Kramer Levin) One feature commonly seen in commercial lending transactions is a …
Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
Sears Holding: A Case Study in Valuing Collateral in Chapter 11
By Mark G. Douglas and Oliver S. Zeltner (Jones Day) Valuation is a critical and indispensable part of the bankruptcy …
Continue Reading about Sears Holding: A Case Study in Valuing Collateral in Chapter 11
Generalized Creditors and Particularized Creditors: Against a Unified Theory of Standing in Bankruptcy
By Jeanne L. Schroeder and David Gray Carlson (Benjamin N. Cardozo School of Law) Courts have struggled toward a unified …
The Excluded Asset Gap: Why Floating Charges Capture Realizations of Unsecured Assets
By Matteo Clarkson-Maciel (Willkie Farr & Gallagher) and Paul Fradley (South Square Chambers) Will the proceeds of the …
Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School) Corporate bankruptcy cases have recently undergone a shift. After decades where …
Appellate Review of a Bankruptcy Court’s Preliminary Injunction
Note: Last week the Roundtable concluded its series on crypto bankruptcies. We will resume our regular posts beginning with this …
Continue Reading about Appellate Review of a Bankruptcy Court’s Preliminary Injunction
[Crypto-Bankruptcy Series] Concluding Thoughts on the Series
By Xiao Ma (Harvard Law School) Note: This post is the concluding post in a series of posts on bankruptcies of cryptocurrency …
Continue Reading about [Crypto-Bankruptcy Series] Concluding Thoughts on the Series
[Crypto-Bankruptcy Series] Crypto Volatility and The Pine Gate Problem
By Anthony Casey (University of Chicago), Brook Gotberg (Brigham Young University), and Joshua Macey (University of …
Continue Reading about [Crypto-Bankruptcy Series] Crypto Volatility and The Pine Gate Problem
[Crypto-Bankruptcy Series] The Implications of CeFi and DeFi in Bankruptcy: A Hot Take on Celsius
By Kelvin FK Low and Timothy Chan (National University of Singapore) Note: This post is the eighth post in a series of posts …