Large Cap
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November 26, 2024
Catching Up With New Bankruptcy Case Action
Swedish electric vehicle battery maker Northvolt AB and snack maker Hearthside Food Solutions filed for Chapter 11 bankruptcy relief, while former natural gas driller Ursa Operating Company LLC and e-commerce company Grocery Shopii sought Chapter 7 liquidations. A United Kingdom affiliate of Mexican leasing and lending group Mega, the parent company of Canadian charter bus company Bus.com and Canadian utility services provider Rokstad Holdings Corp. each sought recognition of their foreign insolvency proceedings.
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November 26, 2024
X Corp. Says InfoWars Social Media Accounts Can't Be Sold
The parent company that owns X, the social media platform formerly known as Twitter, told a Texas bankruptcy judge that the Chapter 7 trustee in the case of right-wing conspiracy theorist Alex Jones can't sell X accounts tied to Jones and his InfoWars business because they are the property of the social media company.
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November 26, 2024
99 Cents Only Says Plan Imminent After Noteholder Deal
A Delaware bankruptcy judge on Tuesday approved a settlement under which holders of notes issued by bankrupt discount retail chain 99 Cents Only agreed to resolve a challenge to their liens by taking a $297 million haircut in a soon-to-be-filed Chapter 11 plan.
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November 25, 2024
Judge Eyes Dec. Hearing To Sort Out Onion's Bid For Infowars
A Texas judge asked the Chapter 7 trustee in right-wing fabulist Alex Jones' bankruptcy to preserve the status quo until a sale hearing sometime in December that will determine whether the parent company of satirical news publisher The Onion was correctly chosen as the winning bidder in the auction for Jones' Infowars program.
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November 25, 2024
Tuna Price-Fixing MDL Lead Attys Awarded $86M In Fees
A California federal judge has agreed to award a combined total of $86 million in fees and costs to lead counsel representing two classes of canned tuna buyers who reached settlements in recent months with StarKist, Dongwon Industries and Lion Capital in a decadelong price-fixing case.
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November 25, 2024
Lampert, Sears Stockholders Set Appraisal Share Faceoff
Delaware's Court of Chancery has teed up an argument on how to handle class member claims of former Sears Hometown and Outlet Stores Inc. stockholders whose share appraisal demand was torpedoed by the company's bankruptcy in 2022.
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November 25, 2024
Spirit's Cayman Units To Hit Ch. 11 As Airline Eyes Swift Reorg
Four Spirit Airlines subsidiaries in the Cayman Islands were expected to file for bankruptcy protection Monday and ask a New York federal court to join the company's main Chapter 11 case, a move that Spirit says will help keep the debtor on course to confirm a reorganization plan.
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November 25, 2024
Hearthside Owner Seeking Debt Swap Approval By Late March
The bankrupt owner of packaged food maker Hearthside Food Solutions told a Texas bankruptcy judge on Monday it is seeking to implement a debt-for-equity swap with its senior creditors by the end of March, obtaining initial approval for several aspects of its restructuring.
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November 25, 2024
Alex Jones Blasts Onion Bid, FTX Tech Deputy Avoids Prison
Alex Jones and a backup bidder linked to his Chapter 7 are challenging the sale of his Infowars website to The Onion, alleging flaws in the auction process. A former FTX's tech deputy can avoid prison time for assisting the FTX fraud case by exposing programming flaws; attorneys who have represented Purdue Pharma can receive $21.2 million in fees for its work during summer. This is the week in bankruptcy.
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November 25, 2024
Madoff Trustee Inks Deal To End $21M Clawback Against ZCM
The trustee liquidating the assets of Ponzi schemer Bernard Madoff has agreed to settle its $21.2 million clawback suit against ZCM Asset Holding Co. for $10.6 million, it said in filing in New York bankruptcy court Friday.
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November 25, 2024
Pitney Bowes E-Commerce Arm Confirms Ch. 11 Wind-Down
A Texas bankruptcy judge on Monday gave DRF Logistics, the former online delivery arm of shipping and logistics group Pitney Bowes, the all clear to move forward on plans to wind down in Chapter 11 with a recently inked global settlement with the committee of unsecured creditors.
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November 25, 2024
Meet The Attorneys Helping Spirit Airlines Navigate Ch. 11
Ultra-low-cost airline Spirit has called on lawyers from Davis Polk & Wardwell LLP to see it through a prearranged Chapter 11 meant to address $3.6 billion in funded debt after the U.S. Department of Justice thwarted the company's bid to merge with JetBlue.
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November 25, 2024
Sanctions Sought Against Reed Smith In Eletson Ch. 11
Creditors of bankrupt gas tanker operator Eletson Holdings Monday called for "harsh sanctions" against company directors and officers and their attorneys at Reed Smith, saying they are peddling bogus legal theories to stall the company's reorganization.
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November 22, 2024
Under The Radar: Bankruptcy News You May Have Missed
Troubled nursing home operator Petersen Health Care reached a settlement with the former owner of one of its properties, a Chapter 11 examiner urged mediation in the bankruptcy of New York hedge fund Weiss Multi-Strategy Advisers and the liquidating trust for Residential Capital LLC was given a two-year extension to continue insurance coverage litigation.
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November 22, 2024
Big Lots Can Close On $760M Asset Sale, Judge Says
A Delaware bankruptcy judge Friday approved the $760 million sale of bankrupt discount retail chain Big Lots to a private equity group and told creditors they were out of time to challenge the company's Chapter 11 financing.
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November 22, 2024
Judge Garrity Will Leave SDNY Bankruptcy Bench In 2025
The U.S. Bankruptcy Court for the Southern District of New York, one of the nation's busiest bankruptcy venues, has announced that it will be losing one of its longest-serving judges next year.
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November 22, 2024
Latham Adds 4 Restructuring Attys From Weil And Paul Weiss
Latham & Watkins LLP announced Thursday that it has tapped four restructuring practice leaders from two rival BigLaw shops to join its New York office.
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November 22, 2024
Snack Maker Hearthside Files For Ch. 11 To Shed $1.9B Debt
H-Food Holdings LLC, which makes granola bars, pretzels and other snacks under the name Hearthside Food Solutions for major brands, filed for bankruptcy protection in Texas on Friday, with a restructuring agreement that would allow it to wipe out more than $1.9 billion of debt.
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November 22, 2024
Incora Uptier Fight Lays Bare Risks For Private Equity Backers
In the bruising battles for position among lenders to debt-laden companies, private equity firms often remain relatively unscathed. But a case in Texas federal court over so-called creditor-on-creditor violence now threatens to punish buyout shop Platinum Equity for orchestrating an ill-fated debt exchange, potentially sending a chill over the market for liability management deals.
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November 22, 2024
Hodgson Russ Adds Bankruptcy Talent To Buffalo Team
Hodgson Russ LLP has added an attorney who focuses on complex commercial insolvency matters to its team in Buffalo to work as a partner with its bankruptcy, restructuring and commercial litigation practice.
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November 21, 2024
Franchise Group Lenders Want End To Debtor's Ch. 11 Rights
Lenders of bankrupt retail-focused holding company Franchise Group Inc., including Pacific Investment Management Co. and private equity firm Irradiant Partners, have urged a Delaware bankruptcy judge to end holdco debtor Chapter 11 exclusivity restrictions, arguing that the move offers the best escape from a near-inescapable "Gordian knot" entangling all their claims.
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November 21, 2024
The Onion's Infowars Bid Rests On Whether Highest Is Best
As satirical media company The Onion prepares to defend its offer to buy Alex Jones' right-wing conspiracy show, Infowars, it is relying on the idea that sometimes, the highest offer is not the best one for creditors, experts told Law360.
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November 21, 2024
Big Lots Seeks To Include Claims Against Execs In Asset Sale
Discount retailer Big Lots on Thursday asked a Delaware bankruptcy judge to approve a $760 million asset sale to a private equity group and override creditor objections to the inclusion of potential litigation claims against company insiders in the package.
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November 21, 2024
Judge Undecided On Ch. 15 Nod For 2 InterCement Debtors
A New York bankruptcy judge on Thursday said he would accept filings seeking recognition of the Brazilian insolvencies of two of four debtors in the corporate family of concrete supplier InterCement, but wouldn't yet weigh in on the others.
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November 21, 2024
American Tire Gets $250M In DIP Funds, Dodging Lender Row
A Delaware bankruptcy judge on Thursday approved American Tire Distributors Inc.'s $250 million Chapter 11 loan after the company resolved a lender group's challenge to the financing that threatened to upend the case.
Expert Analysis
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
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Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.