Bankruptcy - Harvard Law Review

Article III Recent Case

Excluded Lenders v. Serta Simmons Bedding, L.L.C.

Vol. 139 No. 2 December 2025 Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in...

Bankruptcy Blog Essay

A Mill of Miller: Examining the Supreme Court’s Recent Bankruptcy Jurisprudence

April 18, 2025 On March 26th, the Supreme Court issued its opinion in United States v. Miller, a bankruptcy case resolving a circuit split about how §...

Privacy Notes

Data Privacy in Bankruptcy: The Consumer Privacy Ombudsman

Vol. 138 No. 5 March 2025 Celsius Network, a cryptocurrency platform and lender, filed for bankruptcy in 2022. Through its course of business, Celsius had acquired the financial data of about 600,000 customers that it planned to include in a bankruptcy asset sale.

Bankruptcy Book Review

Who’s Afraid of Bankruptcy

Vol. 138 No. 5 March 2025 Who’s afraid of a bankruptcy filing? Perhaps we all should be given the increasingly outsized role that bankruptcy law plays in our market society. Handling more cases per year than any other category of federal court, bankruptcy courts attend to the disposition of debts related to both mundane contractual relationships and pressing social issues.

Abbye Atkinson

Bankruptcy Leading Case

Harrington v. Purdue Pharma L.P.

Vol. 138 No. 1 November 2024 The opioid epidemic has devastated communities across the United States, causing a massive public health disaster, hundreds of thousands of deaths, and immense social...

Federal Courts Recent Case

Kiviti v. Bhatt

Fourth Circuit Holds that Article III Mootness Doctrine Does Not Apply to Bankruptcy Proceedings.

Vol. 137 No. 7 May 2024

Bankruptcy Notes

Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code

Vol. 135 No. 8 June 2022 Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.” This rule, known as the...

Bankruptcy Recent Case

Rivera v. Orange County Probation Department

Ninth Circuit Holds Mother’s Debt to County for Son’s Juvenile Detention Is Not Domestic Support Obligation and Therefore Is Dischargeable in Bankruptcy.

Vol. 130 No. 5 March 2017

Bankruptcy Commentary

The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table

Vol. 129 No. 7 May 2016 Distressed firms with publicly issued bonds often seek to restructure the bonds’ payment terms to better reflect the firm’s weakened repayment capabilities and thereby...

Mark J. Roe

Criminal Law Notes

State Bans on Debtors’ Prisons and Criminal Justice Debt

Vol. 129 No. 4 February 2016 Since the 1990s, and increasingly in the wake of the Great Recession, many municipalities, forced to operate under tight budgetary constraints, have turned to...