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Pope hope, that’s entertainment, and getting ahead in the CIA
Happy Friday friends, I want to start by just breathing for all of us a big long collective sigh of relief at the news this week that the pope’s doctors have basically blown the all clear for Leo’s health. Going from knowing nothing to him declaring to the world he needed surgery, to a cancer diagnosis, to bouncing out of the hospital in barely even days, to ringing the bell in less than two weeks is whiplash inducing. But in the best possible way. We are living in a world in which the Roman pontiff, by dint of history, biography and circumstance, is once more at the epicenter of global affairs. Not just conversations about religion, or Christian and post-Christian values, but the bleeding edge of the most pressing issues of human affairs. Think I am exaggerating a touch? Consider the images of the crowds who greeted Leo in Paris just weeks ago, and juxtapose them with the absolute photo negative scenes unfolding there recently. Ask yourself how many world leaders are talking about AI right now and directly citing the pope as they do so. Try to name a country who has had as many top-ranked diplomats in and out of both Russia and Ukraine in the last three years as the Vatican has in the last three months. It has been fascinating to watch Leo XIV emerge as not just a kind of pop culture reference point or totem to be cited (Francis was often name-checked this way) but as a kinetic force in global conversation. Given the state of things, we need global figures of gravitas and values, even better if they have real wisdom behind what they are saying. So news of Leo’s illness was, it seemed to me, a tremor with potentially Richter Scale implications. That not only has the worst not come to pass but instead we’ve had the best of outcomes announced is something to really be grateful for. Humanity, it seems to me, is entering one of its irregular but cyclical phases where the pace of change — technological, social, and geopolitical — outstrips the ability of previously settled norms and received wisdom to cope. Such periods – and I think the first decades of the last century were a similar such time – throw into question the viability of all kinds of institutions. And many of ours have been straining to breaking point for a few years now. The papacy has the power and the potential to be a steadying pole in all of this. That’s my hope, anyway. It’s a lot to freight the office with, though it is arguably its ultimate purpose from its founding, to be a steadying rock on which all that matters can be anchored. It’s also, of course, an intolerable weight of responsibility to place on a single man. But I am encouraged to have hope in – and for – Leo. The apostle whom he succeeds, after all, was famously unequal to some moments, failed some tests of faith, and resiled from taking the road which led ultimately to the circus on Vatican hill. Human frailty and limitations, of health, of character, of temper, can open us to Christ, whose strength is greatest in our weakness, so St. Paul learned. That gives me hope, and I am sure it consoles Leo, too. And so I will continue to pray for him. Because we need apostles of rock right now. Here’s the news. Subscribe The News The Dicastery for the Doctrine of the Faith issued yesterday a new document “Venite ad me: Considerations on the Transmission of the Faith in an Epochal Change.” It’s not a short document, and it is at pains to stress this isn’t a doctrinal note from the dicastery, either. Rather, it brings together reflections on an important issue from the Church around the world. Some of it I actually found really rather powerful. It is, however, 25,000, which is a lot for a busy reader to get through on a weekday. So, you can read our busy reader’s summary right here. — News broke yesterday of an Oct. 22 meeting of U.S. bishops with President Donald Trump. The meeting was organized by an official at the Heritage Foundation, according to several sources close to the meeting. Video of several U.S. bishops praying in the Oval Office over President Trump was posted on social media Thursday afternoon, first by White House Communications Advisor Margo Martin, and then by the official twitter.com account of the Archdiocese of Denver. The meeting has drawn sharp criticism because of its proximity to the upcoming midterm Congressional elections, in which Democrats are widely expected to win control of the House of Representatives, while control of the Senate remains closely contested. Sources close to the bishops’ conference told The Pillar that some USCCB senior officials were surprised by the existence of the meeting when video of it first emerged online. And a source close to conference president Archbishop Paul Coakley of Oklahoma City told The Pillar that the archbishop was “deeply frustrated” by the occasion of the meeting. An official conference spokesperson told The Pillar that the meeting was “not organized with or by the USCCB” and was “not affiliated with the conference.” You can read the whole story here. — The next National Eucharistic Congress will be held in Indianapolis in 2029, a return to the city that hosted the last gathering in 2024. You read it here first. By here, I don’t mean this newsletter, I mean at The Pillar. We broke the story this week. It’s a big deal, in as much as the last congress was a roaring success and the next installment has the potential to be a real focal point for evangelizing efforts in the coming years. Read all about it here. — As Pope Leo prepares for the longest trip of his pontificate, Church leaders in Uruguay say the pontiff will encounter a highly secularized culture, in a country with a very different Catholic history than many of its South American neighbors. The nation has not had a papal visit since 1988, and leaders who spoke with The Pillar say it has a dire need for evangelization, even amid the prospect of a small revival in faith. This is real reporting on the Church in the country, and frankly a story you simply are not going to be able to read anywhere else. Read the whole thing. — The Archdiocese of Detroit announced this week a plan that would see the vast majority of its parish priests reassigned next summer, amid a restructuring process expected to dramatically shrink the number of parishes in the archdiocese. Archbishop Edward Weisenburger said this week that the plan “asks much of our priests,” but is a “sacrifice they are making as brothers of one, unified presbyterate.” The thing is, as JD pointed out in an analysis yesterday, pastors of parishes have a legal right to stability in office, so the only way this kind of wholesale reassignment goes ahead is if all of the archdiocesan clergy agree to resign. That creates its own kind of legal issues, though, and re-raises longstanding questions about the effectiveness of canonical due process protections for priests when dealing with coercive exercises in authority. Read the whole thing here. — More than three months after the Dicastery for the Doctrine of the Faith issued its decree declaring the excommunication of the leadership of the Society of St. Pius X, questions remain about the full effects of the society’s schism. Specifically, the DDF’s July claim that marriages witnessed and confessions heard by SSPX priests are now invalid remains contested — and it emerged this week it appears that the Vatican’s own legal experts don’t agree. You can read my whole analysis of the situation and what it means here. All I would add is that the DDF’s undeveloped, some would say unsubstantiated, claim about the invalidity of some SSPX sacraments came in their July Explanatory Note on the schismatic consecrations by the society that month. It touches directly on both papal acts of governance — indeed it purports to nullify them — and the most intimate pastoral encounters possible in a parish setting. If there is one aspect of the Francis-era style of governance I would like the curia to finally cut out, root and branch, it would be these attempts to try to effect extraordinarily sensitive legislative acts via a note. — At least a dozen French bishops have spoken out following an eruption of violence on the country’s streets Oct. 17. Not surprisingly, they unanimously condemned the violence, but the length and content of their interventions varied significantly. Several sought to distinguish between the actions of rioters and what they suggested were the legitimate concerns of peaceful young protesters. Many also evoked Pope Leo XIV’s Sept. 25-28 visit to France, suggesting it offered a powerful counter-image to the scenes of looting and destruction. A number of bishops also stressed their solidarity with law enforcement officials who struggled to contain the disorder, as well as the owners of the roughly 3,000 damaged or looted businesses. What’s the background to the nationwide unrest that the French media calls “les violences du 17 octobre”? And what exactly are the bishops saying? Read all about it here. — A Polish bishop called for the firm defense of unborn children as well as compassion for their mothers this week, as the lower house of Poland’s parliament passed two bills seeking to liberalize the country’s abortion laws. The bill on decriminalizing assistance in an abortion passed by 217 votes to 213, while the abortion in cases of fetal abnormality bill passed by 233 to 203, thanks to the government’s majority in the lower house. Both bills will now move to the Polish Senate, the upper house of parliament, where the ruling coalition has a larger majority. The fetal abnormality bill is symbolically significant because if it became law, it would effectively overturn a 2020 ruling by Poland’s Constitutional Tribunal that a 1993 law permitting abortion for a severe and irreversible disability or a life-threatening incurable disease was unconstitutional. Read the whole story here. Subscribe **[The St. Paul Center App | Bible Study On-The-Go Read and understand the Bible with St. Paul Center’s new app! With today’s leading Catholic Scripture scholars as your guides, the St. Paul Center app empowers you to read the Bible](https://stpaulcenter.com/app?utm_source=pillar&utm_medium=email&utm_campaign=applaunch)** from the heart of the Church. Download the app for free at either the Apple or the Google app stores. https://stpaulcenter.com/app That’s entertainment I have written before about my deep and sincere reservations about the celebrity exorcist subculture which has taken root in American Catholicism. And, because I am very ill at ease with the entire thing, I try to keep a weather eye on the phenomenon without being drawn into the kind of online back-and-forth which these figures sometimes generate. Earlier this week, JD noted that one such celebrity exorcist type, Fr. Chad Ripperger, has undertaken, on the request of his bishop, a year’s fast from interviews and public speaking. I’m sure that will be salutary for him, if for no other reason than that receiving with docility requests from one’s rightful ecclesiastical superiors always comes with graces. Then a second thing happened this week which caught my eye. Apparently, another fixture in the celebrity exorcist world, Fr. Carlos Martins, has initiated a lawsuit against two lay men — apparently associates of Rippenger, though I am unclear in what way, exactly — for allegedly defaming him and his ministry on a podcast. It seems the suit was initiated nearly a year ago and is now pending. At issue, I read, is that the two men described Martins on a podcast as “not who he says he is” with regard to his exorcism ministry and that he “doesn’t know what he’s talking about.” These statements Martins considers to be false and defamatory and, his suit claims, “directly affected the sale and reception of [his] The Exorcist Files book that was newly released at the time these episodes aired.” I don’t want to get too into the weeds of the details here, but a couple of things struck me about all this.
This week in health care policy: October 5–9, 2026
Drug pricing and 340B PhRMA sues to block GLOBE. On October 7, PhRMA sued to block the most-favored-nation drug-pricing model CMS finalized last week. The suit argues GLOBE is a price control rather than a “test,” exceeds the Innovation Center’s authority, and fails the major questions doctrine. CEI commented on the GLOBE pilot earlier this […]
Diocese introduces Mental Health Ministry, invites all to special Mass
Earlier this month Pope Leo shared his October prayer intention for mental health ministry to be established throughout the Church, helping to overcome the stigma and discrimination of people with mental illnesses. In the Columbus diocese, the Vicariate of Catholic Social Doctrine has worked since January to animate Mental Health Ministry and support families, clergy, […]
Studying Science in an Anti-Scientific Time
This Chronicle Review Deep Cut was first published in 2025. By Julianne Werlin Thanks for reading The Chronicle Review! Subscribe for free to receive new posts and support my work. Subscribe The last two decades have not been kind to science studies. Already bruised and battered by the “science wars” of the 1990s, by the 2000s sociologists of science — who had long argued that science had to be understood in its human context — were encountering the funhouse-mirror version of their own views in right-wing critiques of climate scientists. It was enough to give some prominent scholars pause. “Was I wrong to participate in the invention of this field known as science studies?” asked Bruno Latour, the most famous sociologist of science in the world, in 2003. “Should we apologize for having been wrong all along? Or should we rather bring the sword of criticism to criticism itself and do a bit of soul-searching here: What were we really after when we were so intent on showing the social construction of scientific facts?” In response, Latour proposed a change of method and attitude. Science studies, now chastened and contrite, would no longer seek to strip facts of their authority, but to enrich and enhance them. What this meant in practice was never fully clear. But his diagnosis of problems resonated, even if his solutions did not. Latour’s exercise in public hand-wringing signaled a shift in mood. By 2016, with the first election of Donald Trump, the idea that skepticism of science was a right-wing position, not a left-wing one, had become a commonplace, discussed eagerly in The New York Times. For liberals, vaccine denial during the Covid era and Trump’s second-term attacks on the funding of scientific research, covered extensively in these pages, added a new urgency to the defense of science on both practical and principled grounds. There was little appetite for a sociology or philosophy of science that emphasized the messiness and missteps of the scientific process rather than its integrity and triumphs. The distinguished historian of science Peter Dear’s new book, The World as We Know It: From Natural Philosophy to Modern Science (Princeton University Press, 2025), which seeks to tell the story of 18th- and 19th-century science for a general public, may seem comfortably remote from these bitter contests. In its 16 short chapters, Dear draws swift, sure sketches of major discoveries from Newton to Einstein, ably guiding the reader through debates on stellar nebulae, animal taxonomy, atomic chemistry, evolution, and other flashpoints in the history of science. But though a work of history, Dear’s book must still negotiate our polarized present. In a blurb on its back cover, the historian of biology Lynn K. Nyhart alludes to the “present moment, when scientific knowledge is being swamped by misinformation and its institutions are under siege.” Dear himself, in his conclusion, refers to the “yard signs” and “bumper stickers” that proclaim “Science Is Real.” One antidote to both anti-science propaganda and to reductive slogans in science’s defense is a robust history and philosophy of science: exactly what Dear’s scholarship has long offered. But his new book illustrates how difficult such work has become. Dear, an emeritus professor of history at Cornell University, is best known as a creative and philosophically minded historian of the Scientific Revolution. His edited volume The Literary Structure of Scientific Argument (1991) analyzed the rhetoric of Galileo’s thought experiments to brilliant effect. Discipline and Experience: The Mathematical Way in the Scientific Revolution (1995) was a major contribution to the analysis of scientific experiments in early modern Europe and beyond, while Revolutionizing the Sciences: European Knowledge in Transition, 1500-1700 (2001), now in its third edition, remains one of the best overviews of the profound epistemological upheavals of 16th- and 17th-century science. But Dear has also ventured into later periods. Nearly two decades ago, in The Intelligibility of Nature: How Science Makes Sense of the World (2006), he turned to the 18th and 19th centuries to sketch a history and theory of scientific knowledge. Aimed at a generalist audience, Dear’s simple prose belied serious philosophical ambitions. Science, Dear argued, has two aspects: “natural philosophy,” the quest to understand the true nature of the universe, and “instrumentality,” the applied skills and technologies that allow us to manipulate the world for human advantage. Both strands are ancient, but the innovation of the phenomenon we call “science” was to yoke them together. As Francis Bacon wrote, “Human knowledge and human power meet in one; for where the cause is not known, the effect cannot be produced,” an insight typically abridged to “knowledge is power.” Or, in Bertrand Russell’s characteristically blunt phrase, science has two functions, “1. to enable us to know things, and 2., to enable us to do things.” So far, so conventional. But Dear took issue with this familiar story in one respect. Bacon’s formula implied that theory and practice could be fused in a single method. In fact, Dear argued, the quest to understand nature and the desire to manipulate it were coupled only loosely. They could come together, but they could also pull apart. Focusing on natural philosophy, the “knowing” half of the scientific circle, he used a series of case studies from cosmology, taxonomy, chemistry, electromagnetism, and quantum theory to show how theories changed over time, in dialogue with practice, but never reducible to it. Take the case of matter, the basic substrate of the physical world. In the 18th and 19th centuries, scientists not only disagreed about what it was, but also about how well it could be known. In 1789, the chemist Antoine Lavoisier dismissed speculation about the atomic composition of chemicals as “discussions entirely of a metaphysical nature,” as he sought to orient chemistry away from philosophical abstraction and toward laboratory results. But in the 19th century, atoms returned with a vengeance in the atomic chemistry of John Dalton, who wanted to explain the underlying structure of nature. It was not just that Dalton and Lavoisier had a different set of experimental results, or even a different theory, Dear showed. What counted as an explanation had changed. In arguing that scientific theories depended on their intelligibility to human beings with complex arrays of beliefs and commitments, Dear was in sympathy with science studies. Key figures such as the sociologist Steven Shapin emphasized the importance of psychological mechanisms like trust in the formation and acceptance of scientific ideas. But in focusing on the scientific pursuit of knowledge, not its politics or economics, Dear resisted the more cynical perspective of some of his colleagues. The Intelligibility of Nature strikes a very different note than Shapin’s collection of a few years later, Never Pure: Historical Studies of Science as If It Was Produced by People With Bodies, Situated in Time, Space, Culture, and Society, and Struggling for Credibility and Authority (2010), to name just one example. Walking a very fine line, Dear depicted science as driven at once by complex social dynamics and by the intellectual power of real discoveries. It was a testament not only to his own acumen but also to the vitality of the field that he was able to do so. Nearly two decades later, The World as We Know It returns to the questions broached in The Intelligibility of Nature. Like Dear’s earlier study, it begins with the Newtonian cosmos and ends with debates between Einstein and Bohr on quantum physics. Beyond its terminal figures, many of the same characters appear in both studies, including the naturalists John Ray and the Comte de Buffon; the chemists Étienne François Geoffroy, Antoine Lavoisier, and John Dalton; as well as Charles Darwin and Michael Faraday, among others. Its subject is nearly identical: As in The Intelligibility of Nature, The World as We Know It considers natural philosophy as opposed to instrumentality, here defined as the “desire to create a picture of what the world is really like — the world as God knows it — rather than simply having instrumental or operational control over it.” The two books also overlap in insights — and sometimes even in language. The reader who has learned in The Intelligibility of Nature that Buffon’s method of classifying animals “reflected his belief in the importance of the senses and empiricism in learning about nature (a doctrine associated with Newton and the philosopher John Locke)” will experience a sense of déjà vu on reading, in The World as We Know It, that the classification “reflects Buffon’s commitment to the epistemological stance of Newton and his philosophical underlaborer John Locke, who stressed the role of the senses in creating natural knowledge.” Later in the passage, we read that, “because of its stress on understanding the ways of life of animals in their environments, Buffon’s approach could almost be labeled (anachronistically) as ‘ecological.’” And again, “an anachronistic way of putting it would be to say that Buffon recommends an ecological mode of understanding.” Likewise, in The Intelligibility of Nature we read of Dalton that he was initially drawn to meteorology, and that: He did a bit of experimental work on these things, especially having to do with the water-holding capacity of gases, but his real interest lay in understanding what, at an underlying natural-philosophical level, was really going on physically.” Whereas, in The World as We Know It: He did experimental work on these things, especially concerning the water-holding capacity of gases — although not at a very refined level quantitatively — but he was continually trying to develop a theoretical conception of what was happening physically. The final full chapter of each book closes on the same resigned note. Intelligibility: These days, most serious work on the natural philosophical underpinnings and implications of quantum mechanics is performed not by physicists but by philosophers of science. Among scientific practitioners themselves, Bohr’s attempt to use instrumentality as sufficient grounds for a respectable science has met with a high degree of success. And again, in The World as We Know It: Bohr’s and Einstein’s concerns are now questions that are mostly discussed by philosophers of science rather than by physicists themselves. The marginalization of these sorts of questions amounts to the demise of natural philosophy, at least in physics, in the 20th century. Quantum mechanics “works,” and that’s good enough for most scientists who encounter it. Examples could be multiplied. When handling the same subject matter, some echoes are inevitable. Scholars should not feel that because they have written “Isaac Newton died in 1727” in one book, in the next they must describe him as perishing, expiring, or meeting his maker. But the repetitions of language and arguments (not to mention six reproduced images) threaded throughout The World as We Know It are more extensive than that. They should have been caught by Princeton University Press or its reviewers, and revised. Because the two books have so much in common, it is easy to see where they diverge. The World as We Know It is a less theoretical work than its predecessor. The sociology of knowledge that organized The Intelligibility of Nature has been reduced in scale and folded into readings and examples. The taut interplay between history and theory, which gave the earlier study so much interest, is there, but it is subtle. In the earlier book, the case studies demonstrated theoretical claims about the character and development of science. In the later work, each narrative of discovery is an end in itself. Insights emerge from the history, but they do not control the organization of the study. With the theory muted, it can be hard to understand the logic uniting Dear’s sprawling history of more than two centuries of scientific knowledge. The 16 brisk chapters cover an enormous amount of material. But the closer the volume edges to comprehensiveness, the more obvious the missing elements become. A chapter on “Institutions and Pedagogy,” describing the birth of the research university, illustrates the problem. Inserted roughly halfway through the book, the unnumbered chapter is designed as an “entr’acte,” in acknowledgement that it does not fit the study’s organization around scientific discoveries. Yet as Dear is well aware, no general history of the development of modern science can bracket its 19th-century institutionalization and professionalization. It was the 19th-century university, after all, that gave us the “scientist,” a term coined by the Cambridge philosopher William Whewell. Dear’s history of scientific discoveries implies a wider social and institutional history, but it remains largely subterranean, only occasionally extruded under the pressure of the narrative. It must be said that the balance is not all on the side of the earlier study. There are some advantages to the more historical, less theoretical organization of The World as We Know It. Dear’s accounts of paradigm shifts are remarkably lucid, no small accomplishment given that they span fields and centuries. He makes excellent use of the wealth of new scholarship on Darwin and his influences, to which he has himself contributed. It is satisfying to see puzzle pieces from Buffon’s natural history, Georges Cuvier’s animal taxonomy, Thomas Robert Malthus’s demography, and Charles Lyell’s geology recombined seamlessly in the Darwinian jigsaw. Likewise, Dear’s discussion of stellar nebulae, divided between chapters two and 15, shows vividly how Newton, Kant, Herschel, and Hubble reimagined insights and observations as they sought to discover whether the diffuse light that filtered through early telescopes was a glowing, gaseous substance or discrete but distant stars. Yet despite such pleasures, the book remains a more modest work than The Intelligibility of Nature. Dear has clearly not changed his views about the history of science. But in the two decades that have elapsed, the discipline and the world around it have changed, making it harder to write a sociologically and philosophically ambitious history of science for the general reader. That is a shame, because in the age of Silicon Valley and biotechnology, both the reciprocity and the tensions Dear identified between the epistemological and instrumental ambitions of science are more evident than ever. In recent years, some of the most exciting new books on the history of science in early modernity have focused precisely on this pressure point. Important studies such as Pamela H. Smith’s From Lived Experience to the Written Word (2022), James Poskett’s Horizons: The Global Origins of Modern Science (2022), and Vera Keller’s The Interlopers: Early Stuart Projects and the Undisciplining of Knowledge (2023) all shed new light on how early modern science negotiated the relationship between its instrumental and epistemological ambitions, or in Russell’s phrase, knowing and doing. There is every opportunity for a philosophically informed approach to draw new insights from this wealth of material. Dear, unfortunately, has not done so in The World as We Know It. But for future scholars of the history of science, his body of work over nearly four decades may provide just the model. Julianne Werlin is an associate professor of English at Duke University. Thanks for reading The Chronicle Review! Subscribe for free to receive new posts and support my work. Subscribe
Overwatch Reveals First Look at New Omnic Hero Coming Later This Year
Blizzard has teased another new Overwatch Hero after revealing Doctrine just moments ago.
Overwatch's Next Hero, Doctrine, Officially Revealed at BlizzCon 2026
Doctrine comes to Overwatch alongside a new map at the start of Season 5
Constitutional Politics in Action – Part I: The Petitions for the Constitutional Review of the 16th and the 17th Amendments of the Hungarian Fundamental Law
The Fidesz-KDNP parliamentary group submitted petitions to the Constitutional Court in July 2026 challenging Hungary’s newly adopted Sixteenth and Seventeenth Amendments. The petitions demonstrate how constitutional doctrine can be strategically reconfigured when political actors move from exercising constitutional power to challenging its exercise by others. After losing control of constitutional power, Fidesz strategically reconfigures elements of domestic doctrine that had been used to resist its own autocratization.
Business Restructuring Review Vol. 25 No. 4 July-August 2026
In This Issue New York Bankruptcy Court: Premature Allegations of Creditor Mistreatment Insufficient to Deny Chapter 15 Recognition of Foreign Restructuring Proceeding In In re ARD Finance, S.A., No. 25-12794 (MG), 2026 WL 817458 (Bankr. S.D.N.Y. Mar. 25, 2026), the U.S. Bankruptcy Court for the Southern District of New York was presented with a petition seeking chapter 15 recognition of Luxembourg's recently enacted bankruptcy law governing judicial reorganization proceedings. The court granted the petition, turning aside challenges to recognition voiced by a creditor group arguing that recognition should be denied based upon allegations of unfairness to creditors in the Luxembourg proceeding that would make recognition manifestly contrary to U.S. public policy. According to the bankruptcy court, recognition was warranted because: (i) the rules and procedures governing the proceeding under Luxembourg law were fundamentally fair; (ii) the petition otherwise satisfied chapter 15's recognition requirements; and (iii) the creditor group's allegations were premature, given the fact that the Luxembourg court presiding over the debtor's restructuring proceeding had not confirmed a restructuring plan, and all creditors had the right to participate fully and voice their objections in the proceeding (including the right to appeal an order approving a plan). [read more …] Florida Bankruptcy Court Examines Scope of Discovery in Chapter 15 Cases In In re Banco Master, S.A., No. 25-24568-SMG, 2026 WL 931729 (Bankr. S.D. Fla. Apr. 6, 2026), the U.S. Bankruptcy Court for the Southern District of Florida granted in part and denied in part post-recognition motions filed by an insider of a foreign debtor seeking to bar or limit discovery sought by the debtor's foreign representative concerning allegedly voidable transfers involving the debtors' U.S. real property. According to the court: (i) although chapter 15 includes its own discovery provisions among the relief that may be granted to a foreign representative, the expansive discovery available in cases under other chapters of the Bankruptcy Code is also available in chapter 15 cases; (ii) the discovery sought by the foreign representative was permissible; (iii) discovery regarding matters that were the subject of a pending adversary proceeding had to be undertaken under the more restrictive rules applicable to such proceedings; and (iv) a discovery request would be barred to the extent that it sought production of documents or testimony from a subpoenaed entity that exceeded the geographic limitations specified in such rules. [read more …] Delaware District Court Affirms Chapter 15 Recognition Order Enforcing Nonconsensual Third-Party Releases In U.S. Int'l Dev. Fin. Corp. v. Credito Real S.A.B. de C.V. SOFOM, E.N.R. (In re Credito Real S.A.B. de C.V. SOFOM, E.N.R.), 677 B.R. 192 (D. Del. 2026), appeal filed, No. 26-2356 (3d Cir. June 5, 2026), the U.S. District Court for the District of Delaware affirmed a bankruptcy court order granting chapter 15 recognition to a Mexican "concurso mercantile" proceeding and enforcing nonconsensual third-party releases approved by the Mexican court. Agreeing with the bankruptcy court that the releases were not manifestly contrary to U.S. public policy, the district court concluded: "It is well settled that U.S. bankruptcy courts can give effect to foreign orders in recognized foreign proceedings pursuant to the authority granted in Chapter 15, even when those orders contain relief unavailable under U.S. law. [The appellant's] arguments misconstrue the Supreme Court's narrow holding in Purdue, applicable in Chapter 11 cases, as well as the statutory framework of Chapter 15 and its core policy objectives. Accordingly, I will affirm the Enforcement Order." The ruling has been appealed to the U.S. Court of Appeals for the Third Circuit. [read more …] Fifth Circuit: Bankruptcy Court, Not State Court, Had Jurisdiction to Allow or Disallow Administrative Expense Claim In Storey Minerals Ltd. v. EP Energy E&P Co., LP (Matter of EP Energy E&P Co., LP), 169 F.4th 609 (5th Cir. 2026), the U.S. Court of Appeals for the Fifth Circuit affirmed lower courts' rulings disallowing a creditor's administrative expense claim. It also rejected the creditor's argument that, because the claims were predicated on state law, a state court should adjudicate the merits of the state law causes of action before the bankruptcy court could allow or disallow the claim as an administrative expense. According to the Fifth Circuit, even though the causes of action were based on state law, the bankruptcy court had jurisdiction to determine whether the creditor's claims should be conferred with administrative expense priority in the debtors' chapter 11 case. [read more …] New York Bankruptcy Court: Dismissal of Involuntary Chapter 11 Case Filed Prior to Commencement of Foreign Restructuring Proceeding Unwarranted In In re Xinyuan Real Estate Co. Ltd., No. 25-10745 (PB), 2026 WL 592250 (Bankr. S.D.N.Y. Mar. 3. 2026), the U.S. Bankruptcy Court for the Southern District of New York considered the bona fides of an involuntary chapter 11 petition filed by certain holders of U.S. dollar-denominated notes against a holding company for a group of Chinese property development companies that filed a restructuring proceeding in the Cayman Islands after the noteholders filed the involuntary chapter 11 petition. The court denied the debtor's motion to dismiss the chapter 11 case. Given the timing of the filing of the Cayman Islands restructuring proceeding, the absence of any progress in the proceeding for seven months, the debtor's need to restructure notes governed by U.S. law, and the debtor's lack of any meaningful contacts to the Cayman Islands, dismissal of the chapter 11 case was unwarranted under the applicable provision of the Bankruptcy Code, international comity, or the doctrine of forum non conveniens. [read more …] Bankruptcy Court Evaluates Trustee's Authority to Sell Avoidance Actions and Right of Target Defendants to Object In In re Law Enf't Officers Sec. Union, No. 24-70277-JAD, 2026 WL 560452 (Bankr. W.D. Pa. Feb. 27, 2026), a chapter 7 trustee sought court approval to sell certain avoidance actions to a creditor of the debtor's estate. Potential targets of the subject avoidance actions objected, arguing that such claims were nontransferable powers of the trustee rather than saleable estate property and urging the court to approve their competing settlement with the trustee. The U.S. Bankruptcy Court for the Western District of Pennsylvania disagreed with the potential defendants, holding that they lacked standing to object to the proposed sale, that avoidance actions are indeed estate property, and that the sale—rather than the settlement—best served the estate's interests. [read more …] U.S. Supreme Court Bankruptcy Roundup in Brief In Keathley v. Buddy Ayers Construction Inc., No. 25-6, 2026 WL 1686028 (U.S. June 11, 2026), the U.S. Supreme Court overturned a Fifth Circuit decision judicially estopping a chapter 13 debtor from asserting a personal injury claim against a construction company because the debtor failed to disclose the claim during his bankruptcy case. In so ruling, the Court held that "[t]he Fifth Circuit erred by artificially narrowing its inquiry to whether the debtor had knowledge of the underlying facts or a potential motive to conceal the claim." It represents the first time that the Court has applied judicial estoppel in the bankruptcy context, although it has suggested in other contexts that it may be inappropriate where an inconsistent legal position resulted from "inadvertence or mistake." Also in June, the Court denied petitions for certiorari in a few notable bankruptcy cases. [read more …] Newsworthy Heather Lennox (Cleveland/New York) (Star Individual), Bruce Bennett (Los Angeles) (Senior Statesperson), Kevyn D. Orr (Washington) (Eminent Practitioner), Gregory M. Gordon (Dallas) (Band 1), Carl E. Black (Cleveland), Corinne Ball (New York) (Senior Statesperson), Brad B. Erens (Chicago), Jeffrey B. Ellman (Atlanta), T. Daniel Reynolds (Cleveland), and Dan T. Moss (Washington/New York) were recognized as leading lawyers in the practice area Bankruptcy/Restructuring in the 2026 edition of Chambers USA: The World's Leading Lawyers for Business. The 2026 edition of Lawdragon 500 Leading Bankruptcy and Restructuring Lawyers ranked the following lawyers: Corinne Ball (New York) (Hall of Fame), Bruce Bennett (Los Angeles), Carl E. Black (Cleveland), Jeffrey B. Ellman (Atlanta), Brad B. Erens (Chicago), Gregory M. Gordon (Dallas), Heather Lennox (Cleveland/New York), Joshua M. Mester (Los Angeles), and Kevyn D. Orr (Washington). Fabienne Beuzit (Paris) and Jasper Berkenbosch (Amsterdam) were among the "Leading Individuals" ranked in the 2026 edition of The Legal 500 EMEA guide in the field of Restructuring and Insolvency or Insolvency. Rodolphe Carrière (Paris) was named a "Next Generation Partner" in the practice area Insolvency. Sid Pepels (Amsterdam) was selected by Global Restructuring Review's 40 under 40 2026. He was identified as a Rising Star within the global cross-border restructuring community. Global Restructuring Review is a leading digital subscription service, news outlet, and information platform dedicated exclusively to cross-border insolvency and corporate restructuring law. Fabienne Beuzit (Paris), Rodolphe Carrière (Paris), and Isabelle Maury (Paris) were recognized in the 2027 edition of The Best Lawyers in France™ in the practice area Insolvency and Reorganization Law. An article written by Corinne Ball (New York) titled "Comity and Fairness are Critical to Granting Additional Assistance under Chapter 15: A Canadian Reverse Vesting Order and Related Releases in Proceedings Involving Canadian and U.S.-Affiliated Companies Are Approved" was published in the June 24, 2026, edition of the New York Law Journal. An article written by Caitlin K. Cahow (Detroit) titled "New York Bankruptcy Court Weighs In on Adequate Assurance of Future Performance under Assigned Leases and Chapter 11 Plan Exculpation Provisions" was published on June 8, 2026, in Lexis Practical Guidance. An article written by Trisha L. Mowbray (Real Estate; Chicago) and Ryan Sims (Washington) titled "Chapter 11 Plan that Abridged Non-Debtor Lessee's Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith" was published on June 16, 2026, in the Harvard Law School Bankruptcy Roundtable. An article written by Dan T. Moss (Washington/New York), Corinne Ball (New York), Isel M. Perez (Miami), and David S. Torborg (Washington) titled "Texas Bankruptcy Court Adopts Barnet Rule Requiring Foreign Debtor to Have U.S. Assets to Be Eligible for Chapter 15 Relief" was published on June 10, 2026, in Lexis Practical Guidance. An article written by Daniel J. Merrett (Atlanta) and Nathaniel Parr (Atlanta) titled "Southern District of Texas Clarifies Post-Purdue Course for Consensual Third-Party Releases and Gatekeeping Provisions" was published on June 11, 2026, in Lexis Practical Guidance. An article written by Corinne Ball (New York) titled "LMEs, Sophisticated Investors and Equitable Mootness: The Fifth and Third Circuits Warn Against Testing the Limits of Chapter 11" was published in the June 2026 issue of the American Bankruptcy Institute Journal. Nicholas J. Morin (New York) was quoted in an article titled "Serta Ruling Offers Damages Road Map in Lender-on-Lender Disputes," published by Bloomberg Law on July 7, 2026. The article discussed U.S. Bankruptcy Judge Christopher Lopez's July 7, 2026, ruling that participating lenders in Serta Simmons Bedding's 2020 non-pro rata uptier exchange breached the credit agreement's ratable-sharing provision, and awarding excluded lenders more than $261 million in damages. The opinion resolves six years of litigation related to Serta's 2020 transaction, where it raised $200 million in new financing and exchanged $1.2 billion of term loans for $875 million in superpriority debt. Judge Lopez found that the debt-for-debt exchange constituted a "payment" under the credit agreement, requiring proportional sharing among lenders, and dismissed various defenses raised by the participating lenders. The case is Serta Simmons Bedding LLC v. AG Centre Street Partnership (In re Serta Simmons Bedding LLC), 2026 WL 1968535 (Bankr. S.D. Tex. Jul. 7, 2026). The New York Law Journal has recognized Andrew M. Butler (New York) as a 2026 "Rising Star" in Restructuring/Bankruptcy as part of the New York Legal Awards. The Rising Star category recognizes New York's most promising lawyers age 40 and under who have distinguished themselves through exceptional legal work, leadership, and contributions to the profession. Lawyer Spotlight: Daniel J. Merrett Dan Merrett, a partner in the Atlanta Office, has spent nearly 20 years representing all manner of stakeholders in complex corporate restructurings and chapter 11 reorganizations. His practice extends to related transactions and disputes involving acquisitions; divestitures; credit facilities; securities; environmental obligations; and vendor, employee, and governance matters. Dan has substantial experience managing mass tort liabilities, including the restructurings and related chapter 11 cases of affiliates of Georgia Pacific and Johnson & Johnson, implemented to resolve asbestos and talc liabilities. He also represents key parties in energy and infrastructure matters, including facility owners, EPC contractors, and joint-venture parties. Dan was a key player in the restructuring teams in the historic bankruptcies of the City of Detroit and Chrysler. His other significant representations in chapter 11 cases include AFA Foods, Alpha Natural Resources, Dana Corporation, M&G Chemicals, McDermott International, Monster/CareerBuilder, Transtar Industries, and Westinghouse. He is licensed in both the United States and England & Wales and recognized in restructuring by Chambers USA and Best Lawyers.
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