The Restructuring Report

Recent decisions in the Third Circuit, Fourth Circuit and Indiana bankruptcy court appear to implement an insolvency prerequisite for a debtor to commence a case under the Bankruptcy Code. What is the basis of the insolvency prerequisite and how will courts implement this prerequisite in the future?

The Purdue Pharma decision is just the latest case to address the constitutional and statutory authority for third-party releases in bankruptcy plans. Shortly thereafter, a New Jersey bankruptcy court dismissed LTL’s second attempt to commence a bankruptcy case using the Texas two-step. These cases and other recent decisions all focus on methods and tools to resolve complicated mass-tort matters in Chapter 11, which two professors recently argued is an appropriate tool to resolve these types of cases. 

A recent law review article analyzed the different categories of bankruptcy filers. What can bankruptcy practitioners use with that information and how can that information impact bankruptcy public policy?

For circuits that have Bankruptcy Appellate Panels, appealing parties must make a critical choice on appeal: do they elect to have their appeal heard by the Bankruptcy Appellate Panel or the District Court?

Bankruptcy law is changing around the world, away from the liquidation model and toward the model of corporate rescue. Additionally, these changes reflect movement toward venue competition for the business of hosting international bankruptcy cases.

Reps and warranties insurance, which has become common in conventional M&A transactions, is now being marketed for use in distressed transactions, including 363 bankruptcy sales. How will that work and can it help facilitate a more robust and competitive sale process?

After Congress amended the Bankruptcy Code in 2019 to provide additional relief to farmers and small businesses, could Congress be poised to make yet another change to the Bankruptcy Code in 2020?

In a case that may end up before the Supreme Court, the Second Circuit recently analyzed the extraterritorial application of the fraudulent transfer laws found in the Bankruptcy Code on transfers made outside the U.S. between transferors and transferees both located outside of the U.S.

Jim Baillie conducted a joint interview of retired Bankruptcy Judge John Connolly and Mel Orenstein for the National Bankruptcy Archives.