Lenders to bankrupt firms are increasingly insisting upon controversial contract clauses known as roll-ups, which boosts investments by moving existing debt to the front of the repayment line. This kind of contract structure prioritizes existing debt repayment, potentially limiting the resources available for lower-ranking creditors. Despite their controversial nature, bankrupt firms and judges overseeing them […]
WeWork’s recent Chapter 11 filing in New Jersey is the seventh large bankruptcy filing in the state since the previous November, as corporations increasingly choose the state as the destination to restructure their debt. New Jersey’s share of large bankruptcies nationwide has risen to 5%, partly due to the stability provided by consistent judges in […]
Professor Suja Thomas presented her documentary film at the National Employment Lawyers’ Association (NELA) annual meeting on October 7. The theme of the 2023 NELA meeting was “Defeating Summary Judgment in the Face of Evolving Defense Tactics.” She also presented a panel called “Cutting Edge Issues in Summary Judgment,” where she and her co-presenter discussed […]
A dozen academics, including Professors Ralph Brubaker and Robert Lawless, are urging the United States Bankruptcy Court to abolish the two-judge panel on a south Texas bankruptcy court that has earned a reputation as a key venue for large bankruptcy cases. The letter from the legal scholars to Chief Judge Eduardo V. Rodriguez comes as […]
Though many people are remembered for their personal achievements, the truly great individuals—those who are recalled fondly and for a long time—are those who bring out the best in others. Judge Harold A. Baker ’56, who died on September 18, certainly was that kind of person. In every memorial and obituary written, those who knew […]
When student loan payments resumed in October, an op-ed in the Philadelphia Inquirer proposed a solution to help debtors: Restore bankruptcy rights to student loans. To make his case, the author of the piece spoke to bankruptcy expert Professor Robert Lawless about the history of bankruptcy protection for student loans. Lawless explained that although federal […]
Congratulations to 3L Alec Klimowicz, who recently published an article, “Creditor Matrices Are Trending Toward Immediate Concealment,” in the American Bankruptcy Institute Journal. The journal is ABI’s monthly professional magazine that is distributed to thousands of members. Klimowicz’s article explores the recent trend of judges being asked to conceal debtor information included in the creditor […]
“The best young partner I’ve ever worked with,” is how former McDermott Will & Emory Chair Jeff Stone describes Daniel Campbell ’13. It’s little wonder then that Crain’s Chicago Business chose the young lawyer as one of their “40 Under 40” for 2023. With an incredible work ethic and an impressive and growing list of […]
Professor Matthew Finkin submitted an amicus brief to the Massachusetts Supreme Court in Wortis v. Trustees of Tufts College, a case that is expected to define the legal content of tenure and academic freedom in American higher education. Writing for amici, Finkin argues that their brief shows that “(1) Tufts’ tenure and academic freedom policies […]
In their series on how the effects of slavery remain with us today, Reuters spoke to Professor Robert Lawless about the history of bankruptcy. The series, titled “Slavery’s Descendants” examines how slavery, the Jim Crow era, and racial discrimination put two different families (one white, one black) on very different economic paths. For part four, […]