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.


Argentina Held In Contempt For Debt Bypass Plan

September 30, 2014

Source: Law360

A New York federal judge on Monday held Argentina in contempt of court for taking steps to evade his orders that bondholders who agreed to debt restructurings can only be paid if holdout hedge funds are also compensated, calling such plans illegal. Read this article.

2nd Circ. Jeopardizes Fund's Buy Of $230M Madoff Claim

September 29, 2014

Source: Law360

The liquidator for an offshore Bernard L. Madoff feeder fund can try to undo an imprudent sale of its $230 million claim against the Ponzi schemer’s defunct firm to a hedge fund after the Second Circuit ruled Friday that the transaction is subject to U.S. court review. Read this article.


Thelen Trustee Says Clawback Claims Must Be Arbitrated

September 26, 2014

Source: Law360

The Chapter 7 Trustee for Thelen LLP urged a New York federal judge on Thursday to allow him to arbitrate his attempts to claw back money paid to a group of former Thelen equity partners before the defunct law firm’s dissolution, saying the partnership agreements require it. Read this article.


RadioShack Leans On Big Vendor In Restructuring Talks

September 23, 2014

Source: Law360

With RadioShack Corp. racing to restructure and tap financing from the debt markets to stave off bankruptcy, the beleaguered retailer and certain lenders are trying to pry contractual concessions from a supplier that has so far refused to give ground, according to a Monday securities filing. Read this article.

2nd Circ. Tosses Citibank Appeal Of Argentina Bond Ruling

September 22, 2014

Source: Law360

The Second Circuit on Friday dismissed Citibank NA's appeal of a New York federal judge's order preventing it from processing an upcoming payment on $8.4 billion in Argentine sovereign debt, a day after the bank's lawyer argued that the lower court's ruling has "put a gun to our head." Read this article.


3rd Circ. Affirms Capeco Ch. 11 Claim Distribution Orders

September 19, 2014

Source: Law360

The Third Circuit on Thursday rejected Intertek USA Inc.'s argument that orders entered in Caribbean Petroleum Corp.'s Chapter 11 bankruptcy case give priority to tort claimants over other general unsecured creditors in the distribution of certain insurance proceeds, saying the plain language of the orders makes no such provision. Read this article.

Siga Bankruptcy Hearing Too Soon for Suit Fight: Judge

September 18, 2014

Source: Bloomberg News

The initial bankruptcy hearing for Siga Technologies Inc., supplier of the only smallpox medicine for the U.S. strategic drug stockpile, isn’t the right place for a competitor to discuss liability in a lawsuit with the company, a judge said. Siga, which was found liable for breaching a licensing contract with PharmAthene Inc., filed for protection from creditors yesterday, saying a possible $232 million damages award in the lawsuit may imperil its operations. Read this article.

Smallpox Drug Maker Files Bankruptcy to Fight Court Loss

September 17, 2014

Source: Bloomberg News

The biological warfare defense firm that makes the only treatment for smallpox in the U.S. government’s strategic drug stockpile filed for bankruptcy, claiming a rival’s victory in a contract dispute is endangering its ability to produce the medicine. Court protection will allow Siga Technologies Inc. to put off posting a court bond on a potential $232 million damages award to competitor PharmAthene Inc. while it attempts to lower the penalty on appeal and continue operations, the company said in a Chapter 11 petition today in Manhattan bankruptcy court. Read this article.