The Bankruptcy Law Review is a collaboration of expert legal practitioners and academicians who write about both the legal and public policy aspects of corporate bankruptcy law.

Welcome to Bankruptcy Law Review

Welcome to Bankruptcy Law Review is the result of a collaboration among leading legal experts and academicians in the area of Bankruptcy Law, including emphasis on the issues of fraudulent conveyances, preferences, and former officer, director, and shareholder liability. These legal matters have risen in importance among practitioners, judges, governments, corporate leaders and the public in recent years, creating an increased demand for current and authoritative law articles addressing them. The authors of Bankruptcy Law Review have set forth to contribute their knowledge on the subject and, in so doing, highlight their expertise in this very relevant area of the law.


Dechert Can't Recover Tapes From Coudert Paris Takeover

August 1, 2014

Source: Law360

A New York magistrate judge on Thursday held that Dechert LLP’s “laxity” in protecting computerized client information during its takeover of defunct Coudert Brothers LLP’s Paris office means that the files can stay with the Coudert bankruptcy administrator, which claims Dechert underpaid in the transaction. Read this article...

Argentina Headed To Default After Debt Talks Collapse

July 31, 2014

Source: Law360

Eleventh hour negotiations between the Republic of Argentina and hedge funds demanding full repayment on approximately $1.5 billion worth of government bonds collapsed late Wednesday without a deal, and a court appointed mediator said the country will “imminently" default on its sovereign debt. Read this article.

Jones Day, Others Take Aim At $20M Howrey Clawback Claims

July 30, 2014

Source: Law360

Jones Day, Perkins Coie LLP and several other firms urged a California bankruptcy judge on Tuesday to toss a Howrey LLP trustee's efforts to claw back $20 million in profits its ex-partners earned representing former Howrey clients at new firms, arguing that Howrey has no property right to the money. Read this article...


2nd Circ. Nixes Berger & Associates' Fee Clawback Bid

July 29, 2014

Source: Law360

The Second Circuit dismissed Berger & Associates Attorneys PC’s attempt to recoup legal fees stemming from an aborted referral agreement, rejecting the law firm's argument that its former business partner was barred from bankruptcy relief for concealing or destroying evidence. Read this article.


Ambac Finalizes Bond Settlement Ahead Of Detroit Plan Trial

July 28, 2014

Source: Law360

Bond insurer Ambac Assurance Corp. on Friday unveiled details of a settlement with Detroit over the bankrupt city’s treatment of limited tax-general obligation bonds, reporting it will see a minimum 34 percent recovery that could rise if the city successfully voids a disputed $1.5 billion borrowing. Read this article.

Nortel's US Arm Strikes $1B Bondholder Interest Cap Deal

July 25, 2014

Source: Reuters

Nortel Networks Inc, the U.S. unit of defunct Canadian telecom company Nortel Networks Corp, has agreed to pay up to about $1 billion in interest that has accrued on the $3.9 billion it owes to its U.S. bondholders, a court filing showed. Thursday's settlement comes as Nortel's bankrupt units in Canada and Europe are fighting with the U.S. unit over how to divide $7.3 billion raised by liquidating the global telecommunications company. Read this article.

DLA Piper Hands Back Fees To Settle Casino Trustee Row

July 23, 2014

Source: Law360

DLA Piper and the trustee appointed to oversee the bankruptcy of Philadelphia Entertainment & Development Partners LP have reached a settlement to put to rest the trustee's contentions that the firm made material misrepresentations and misleading statements in its application. Read this article.

Picard Can't Appeal 'Good Faith' Madoff Clawback Ruling

July 22, 2014

Source: Law360

U.S. District Judge Jed Rakoff refused on Monday to let the liquidating trustee for Bernard L. Madoff’s defunct firm seek appellate review of a decision weakening clawback suits against investors affected by the Ponzi scheme, saying the cases should not “languish” while the Second Circuit tackles a narrow question of law. Read this article.