Large Cap
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November 20, 2024
FTX Examiner Wraps Probe, Clawback Try Goes Forward
A Delaware bankruptcy judge Wednesday gave an examiner in the Chapter 11 case of FTX Trading permission to wind down his investigation and for discovery to continue in an attempt to undo a $240 million payment FTX made just before it went under.
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November 20, 2024
Pitney Bowes Unit's Ch. 11 Plan Hits Creditor Pushback Snag
A Texas bankruptcy judge on Wednesday pushed a decision on the Chapter 11 plan for the former e-commerce unit of shipping group Pitney Bowes to Monday after the U.S. trustee and Trilogy Leasing Co. LLC, the debtor's longtime equipment finance and leasing partner, flagged issues with liability releases.
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November 20, 2024
Girardi Pushes For New Trial Over Competency Claims
Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.
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November 20, 2024
Lawyers In Purdue Bankruptcy Get OK For Millions In Fees
More than 150 lawyers, investment bankers and financial advisers representing the creditors committee of bankrupt OxyContin maker Purdue Pharma LP billed $21.2 million as the high-stakes case reignited this summer, according to a Law360 tally of interim fee applications.
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November 20, 2024
Beasley Allen And J&J Tussle Over Atty Sanctions Bid
Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.
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November 20, 2024
Bankman-Fried Tech Deputy Who Parsed Code Avoids Prison
A Manhattan federal judge allowed tech expert Zixiao "Gary" Wang to avoid jail Wednesday for his role in the $11 billion FTX fraud, crediting his effort to detail programming "back doors" that enabled Sam Bankman-Fried to loot the bankrupt crypto exchange.
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November 19, 2024
CareMax Can Tap $122M In Ch. 11 Funds Amid Sale Efforts
A Texas bankruptcy judge on Tuesday approved embattled medical system CareMax's bid to borrow a share of the $122 million in Chapter 11 financing its senior lenders have extended to help fund the company's operations and its ongoing sale efforts.
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November 19, 2024
True Value Can Reject Leases Following $153M Ch. 11 Sale
A Delaware bankruptcy judge signed off Tuesday on procedures that hardware store supplier True Value proposed for ending its leases and contracts, as the company prepares to close on a Chapter 11 sale of the business later this week.
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November 19, 2024
Catching Up With New Bankruptcy Case Action
Spirit Airlines filed for Chapter 11 bankruptcy, citing $3.6 billion in funded debt and unveiling a preapproved restructuring plan to convert $795 million of debt into equity. Dormify, Cosmed Group and PetroQuest Energy also sought bankruptcy protection, largely due to litigation-related challenges. Meanwhile, companies like Swedish debt collector Intrum and heat sealing equipment manufacturer SWC Industries blamed their financial struggles on rising interest rates, inflation, and broader macroeconomic pressures.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 19, 2024
Alex Jones Seeks To Stop The Onion From Buying Infowars
Right-wing media fabulist Alex Jones asked a Texas bankruptcy judge to stop the sale of his Infowars website to satirical news publisher The Onion, arguing that the winning bid violated the court's bidding procedures order.
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November 18, 2024
Backup Bidder For Jones' Infowars Wants The Onion Bid DQ'd
The Alex Jones-affiliated backup Chapter 7 auction bidder for Jones' right-wing website Infowars asked a Texas bankruptcy judge Monday to disqualify the winning bid from The Onion, a satirical news website, arguing that the bid did not follow the auction procedures.
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November 18, 2024
Prison Health Co. Wellpath Gets OK For December Auction
A Texas bankruptcy judge said he would approve the bidding procedures for the assets of prison healthcare provider Wellpath and set a December auction for its behavioral health division, Recovery Solutions.
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November 18, 2024
Swedish Debt Collector Defends Prepackaged Ch. 11 In Texas
A Stockholm-based debt collection service provider told a Texas bankruptcy court Monday that a two-prong restructuring plan the company proposed is the only way to fairly address upcoming debt maturities and reorganize its business.
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November 18, 2024
Judge Will OK $88M Insurance Deal For Long Island Diocese
A New York bankruptcy judge on Monday approved an $88 million insurance settlement for Long Island's Roman Catholic diocese after being assured that sexual abuse claimants who pass up a payout from the diocese's Chapter 11 plan can pursue insurance claims on their own.
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November 18, 2024
Judge Approves Vertex Energy's Ch. 11 Plan Disclosures
A Texas bankruptcy judge Monday approved the disclosure statement for fuel refiner Vertex Energy's Chapter 11 plan, which could pave a path for recovery to unsecured creditors after a global settlement was reached with the creditor's committee and lender groups.
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November 18, 2024
Brazil's Unigel Seeks Ch. 15 Nod For $810M Restructuring
Several units of Brazilian petrochemical producer Unigel Group have urged a New York bankruptcy court to recognize their overseas bankruptcy plans to address roughly $810 million of debt, saying factors including the war in Ukraine and inflation have hampered the companies' liquidity.
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November 18, 2024
Proskauer Atty Is Part Of 'Rich' Harvard Football Tradition
Proskauer bankruptcy partner and longtime Harvard football public address announcer Chad Dale had no experience when he became the voice of the football program 33 years ago, but he followed in his late grandfather's footsteps and received an influential endorsement for the gig from his grieving grandmother.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 18, 2024
Spirit Airlines Files For Ch. 11 With Equity-Swap Plan
Budget air carrier Spirit Airlines filed for Chapter 11 protection in a New York bankruptcy court Monday with $3.6 billion in funded debt and a preapproved equity swap restructuring plan.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
Under The Radar: Bankruptcy News You May Have Missed
A New York bankruptcy judge denied retail creditors to Celsius Network discovery into the crypto lender's bankruptcy plan administration, Johnson & Johnson's talc unit bit back at efforts to dismiss its Chapter 11 case, and the Archdiocese of New Orleans established non-monetary child protections with its unsecured creditors. Here are some bankruptcy stories that may have slipped past you this week.
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November 15, 2024
Meet The Attys Guiding Alex Jones Through Chapter 7
As right-wing media fabulist Alex Jones awaits the final outcome of an auction for his InfoWars website, he's being led through Chapter 7 by a team of attorneys from Elliott Thomason & Gibson LLP and Jordan & Ortiz PC.
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November 15, 2024
Swedish Debt Collector Intrum Files Prepack Ch. 11 In Texas
Swedish debt collector Intrum filed its pre-announced, prepackaged Chapter 11 in a Texas bankruptcy court Friday, saying it had secured creditor approval to restructure $4.9 billion in debt.
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November 15, 2024
Property Plays: Franchise Group, Kushner, Astrodome
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
Diamond Sports Restructuring May Fail As Goalposts Move
Regional sports network owner Diamond Sports Group touted its recently confirmed Chapter 11 plan as a "miracle" that restructured billions of dollars of debt and positioned it well for post-bankruptcy success, but industry analysts say the challenges facing the business could be insurmountable.
How Spirit Airlines Landed In Bankruptcy Court
Ultra-low-cost airline Spirit has always been more susceptible to inflationary pressures than its costlier competitors, but its failed merger earlier this year with JetBlue left it drifting toward a prearranged Chapter 11 on Monday to trim its $3.6 billion in funded debt.
The Onion Wants To Buy Infowars, Diamond Sports' Plan OK'd
Satirical news outlet The Onion emerged as the winner of a Chapter 7 auction for Alex Jones' Infowars show, Diamond Sports clinched a Chapter 11 plan approval and new bankruptcy filings by both businesses and consumers have grown by 16% over the past year.
Expert Analysis
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.