Large Cap

  • September 06, 2024

    Celsius' Corporate Creditor Deal Too Late, US Trustee Says

    The U.S. Trustee's Office has urged a New York bankruptcy judge to reject a proposed settlement in which Celsius Network would make distributions to its former corporate customers, saying the debtor already consummated a Chapter 11 plan and is therefore no longer able to amend the allocation of funds.

  • September 06, 2024

    Cleveland-Cliffs Faces Trial Over Mining Co.'s Antitrust Claims

    A Delaware bankruptcy court has partially allowed claims accusing steelmaking giant Cleveland-Cliffs of engaging in anticompetitive behavior that harmed a mining venture's efforts to complete an iron mine and ore plant in northern Minnesota to go to trial by a jury in federal court.

  • September 06, 2024

    Steptoe Adds Co-Leader To Restructuring & Insolvency Group

    Steptoe LLP has expanded its transactions and tax practice by hiring a New York-based partner as a co-leader of the firm's insolvency and restructuring team.

  • September 06, 2024

    Judge Says He'll OK 2U's $527M Debt-Cutting Plan

    A New York bankruptcy judge Friday said he would approve remote learning company 2U Inc.'s prepackaged plan to cut $527 million in debt in Chapter 11, rejecting arguments that it failed to get proper consent for the plan's third-party liability releases.

  • September 05, 2024

    SQRL Store Chain Landlords Want Out Of Ch. 11 Stay

    The landlords of 30 SQRL fuel station and convenience store locations are urging a Texas federal bankruptcy court to allow them to avoid an automatic stay that they allege is blocking them from taking ownership of the SQRL locations for themselves.

  • September 05, 2024

    Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal

    Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.

  • September 05, 2024

    Healthcare Cos. Using Ch. 11 As Life Support In 2024

    Several healthcare companies, including ventilator maker Vyaire Medical Inc. and hospital operator Steward Health Care System, have filed for bankruptcy this year, citing issues like a post-pandemic revenue drop and ballooning expenses colliding with declining government reimbursements.

  • September 05, 2024

    Purdue Gets Mediation, Injunction Extension In Ch. 11

    OxyContin maker Purdue Pharma LP received bankruptcy court approval on Thursday to extend its ongoing mediation for another 18 days and to continue the litigation shield protecting the Sackler family members who own the company, as parties seek consensus on a new Chapter 11 plan structure.

  • September 05, 2024

    Placid Oil Tells 5th Circ. It's Clear Of Contamination Claims

    Placid Oil told a Fifth Circuit panel that previous bankruptcy proceedings cleared it of contamination claims on a Louisiana property, saying during oral arguments Thursday that language in the contract calling it a party to the surface lease agreement didn't count as an assignment.

  • September 05, 2024

    $9.1M In Fees Requested For Calif. Debt Relief Law Firm Ch. 11

    Just days after a bankruptcy judge said in court that unsecured creditors in the case of collapsed California debt relief firm Litigation Practice Group will likely receive little to nothing, professionals working on the case filed about $9.1 million in fee requests — enough to use up most of the available cash.

  • September 05, 2024

    Gates Foundation Puts $4M Behind Debt Nonprofit's AI Tech

    Online bankruptcy nonprofit Upsolve said it has received a $4 million grant from the Bill & Melinda Gates Foundation to develop and roll out financial software backed by artificial intelligence for use by indigent Americans seeking guidance on debt management and credit improvement.

  • September 04, 2024

    Meet The Attorneys Leading Solar Panel Co. Lumio's Ch. 11

    Lumio, a provider of residential solar panels, is seeking Chapter 11 bankruptcy protection in Delaware, and attorneys from Morris Nichols Arsht & Tunnell LLP are advising the company as it works toward a sale of its assets by mid-October.

  • September 04, 2024

    Fisker Seeks OK For Ch. 11 Deal With Austrian Car Co.

    Electric car maker Fisker Inc. requested that a Delaware judge approve a $475 million settlement with its Austrian manufacturing partner, which would cut more than €1.5 billion ($1.7 billion) in claims against its Austrian subsidiary, saying it meets the "best interest" of the debtor, creditors and all stakeholders. 

  • September 04, 2024

    Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire

    Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.

  • September 04, 2024

    Steward Health Gets OK To Sell Mass. Hospitals For $343M

    A Texas bankruptcy judge on Wednesday approved Steward Health Care's $343 million sale of six of its Massachusetts hospitals and new funding that will help the company keep its facilities in the Bay State operating.

  • September 04, 2024

    Conn's Gets Final OK For DIP Loan After Resolving Objections

    A Texas bankruptcy judge said Wednesday he would give final approval to debtor-in-possession financing for furniture and appliance retailer Conn's after the debtor reached a resolution with its lenders and unsecured creditors.

  • September 04, 2024

    Solar Panel Co. Lumio Wants Asset Sale By Mid-October

    A Delaware bankruptcy judge Wednesday gave residential solar panel provider Lumio Holdings initial permission to tap into $8 million in Chapter 11 financing after hearing the company aims to have its assets sold off by mid-October.

  • September 04, 2024

    Linklaters Gains NY Restructuring Pro From Simpson Thacher

    An attorney with more than 25 years of transactional experience has left Simpson Thacher & Bartlett LLP this week to join Linklaters' New York office as head of the firm's U.S. capital solutions practice.

  • September 04, 2024

    Immunity Can't Shield Ex-Judge In Romance Suit, Court Told

    The former head of a now-shuttered barge company is asking a Texas federal judge to keep alive his claims against a former bankruptcy judge over his undisclosed romantic relationship with an attorney on the company's Chapter 11 case, saying the onetime jurist isn't entitled to immunity for "decidedly non-judicial acts."

  • September 04, 2024

    Former Judge Faces Risks With Looming Atty Romance Depo

    Former Texas bankruptcy judge David R. Jones faces some serious risks in an upcoming deposition that was recently given the green light, especially since the U.S. Department of Justice is reportedly conducting a criminal investigation of his undisclosed relationship with a former Jackson Walker LLP partner who appeared before him, according to attorneys.

  • September 03, 2024

    Steward Gets Hospital Deal; Pause Urged For Judge Shop Ban

    Steward Health Care reached a tentative deal to keep most of its hospitals operating, Jackson Walker LLP and the U.S. Trustee's Office traded blows at a hearing over deposition disputes, and a group of asbestos claimants urged the Fourth Circuit to toss Bestwall's bankruptcy, alleging the Georgia-Pacific unit isn't actually facing financial distress.

  • September 03, 2024

    Diamond Sports Gets OK For NBA, NHL, Ch. 11 Lender Deals

    A Texas bankruptcy judge Tuesday approved a revised Chapter 11 financing deal and new NBA and NHL broadcast deals for Bally Sports Network's parent company.

  • September 03, 2024

    Chapter 11 Check-In: FTX's $13B Bankruptcy

    Almost two years after FTX entered bankruptcy in November 2022, the defunct cryptocurrency exchange is working toward securing confirmation of a Chapter 11 plan that would make swindled customers whole. It has also fought off a bid to disqualify its Sullivan & Cromwell legal team on the grounds that the law firm was conflicted by its prepetition representation of the company.

  • September 03, 2024

    Steward Seeks OK On $42M From Mass. To Support Hospitals

    Bankrupt hospital operator Steward Health Care has asked a Texas bankruptcy judge to let the Commonwealth of Massachusetts pay $42 million to fund the operation of six hospitals in the Bay State that the debtor hopes to sell by the end of the month.

  • September 03, 2024

    US Trustee Fights Education Co. 2U's Ch. 11 Plan, Disclosure

    The U.S. Trustee's Office has urged a New York bankruptcy judge to reject remote learning company 2U's Chapter 11 plan and proposed disclosure, saying the plan contained impermissible releases and that the disclosure didn't offer adequate information.

Expert Analysis

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bankruptcy Must Be On The Table As A Student Loan Solution

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    Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

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