Mid Cap
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July 31, 2024
Giuliani Strikes Fee Payment Deal For Ch. 11 Dismissal
Rudy Giuliani agreed to sell one of his multimillion-dollar homes to cover around $400,000 in administrative expenses that have held up dismissal of his Chapter 11 bankruptcy, the Republican firebrand and his creditors said in a letter sent Wednesday to a New York bankruptcy judge.
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July 31, 2024
Mercon Coffee's Ch. 11 Liquidation Plan Confirmed
A New York bankruptcy judge has confirmed the liquidation plan for coffee supplier Mercon Coffee Corp. after ruling earlier this month the company can't reward corporate insiders who stuck with it through its Chapter 11 case with a release from future litigation.
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July 31, 2024
Conn's Bankruptcy Shows Retail Stressors Converging
While retailers have been under pressure for years, Conn's bankruptcy last week illustrates the convergence of two acute and growing problems that have taken hold this year: lower-income consumers who are cutting spending and difficulty selling the same kinds of home goods that flew off the shelves earlier in the COVID-19 pandemic.
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July 30, 2024
Machine Toolmaker Hardinge Lines Up $100M Credit Bid
A Delaware bankruptcy judge said she would give interim approval to New York-based metal-cutting machine toolmaker Hardinge Inc. to access up to $24.2 million of a $27.35 million package to fund its Chapter 11 case, in which it has lined up a $100 million stalking-horse bid.
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July 30, 2024
Meet The Attorneys In Machine Toolmaker Hardinge's Ch. 11
A team of lawyers from Chipman Brown Cicero & Cole LLP and Ropes & Gray LLP is guiding machine toolmaker Hardinge's Chapter 11 case in Delaware, with a plan to sell its assets.
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July 30, 2024
Judge OKs $1.4M Deal With Ex-LeClairRyan Attorneys
A Virginia bankruptcy judge Tuesday approved a settlement of more than $1.4 million of claims against the estate of the defunct LeClairRyan law firm by two former firm attorneys.
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July 30, 2024
Ex-Ch. 11 Trustee Can't Retroactively File Legal Fees
A bankruptcy trustee who is removed can't retroactively receive administrative expenses, the Fourth Circuit has ruled, saying a former bankruptcy trustee is not allowed to later file an application for professional fees.
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July 30, 2024
NYC Condo Building Nears Peace Deal With Lenders In Ch. 11
Bankrupt New York City condominium complex Hudson 888 Owner told a bankruptcy judge Tuesday that it is days away from reaching a settlement for its Chapter 11 plan, which will see it hand over its real estate to its main lender to clear its debts.
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July 29, 2024
Amex Inks $3M Deal To Settle Girardi Bankruptcy Suit Claims
American Express reached a $3 million deal to settle claims brought by the Girardi Keese bankruptcy trustee accusing the credit giant's banking unit and another subsidiary of enabling $50.25 million in fraudulent transfers as part of the now-defunct law firm's scheme to defraud creditors.
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July 29, 2024
9th Circ. Rules Ch. 7 Debtor Can't Exempt Home From Estate
The Ninth Circuit ruled that a debtor in a Chapter 7 bankruptcy case in Washington state cannot pursue above-limit homestead exemption and that the remaining proceeds of her property should go to the bankruptcy estate, reversing the bankruptcy appellate panel's decision in 2022.
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July 29, 2024
J&J Ch. 11 Tossed, Steward Gets Subpoena, Zachry Settles
The Third Circuit threw out Johnson & Johnson's second attempt to use bankruptcy to deal with mass talc litigation, Red Lobster won court approval to solicit votes on its Chapter 11 plan, and a Senate committee voted to approve an investigation into bankrupt Steward Health Care and subpoena its chief executive officer. This is the week in bankruptcy.
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July 29, 2024
Irked Judge Says Late Filing 'Sandbagged' Conn. Firm
A Connecticut state court judge on Monday chided attorneys for an eleventh-hour filing and other missed deadlines on behalf of a couple lodging malpractice claims against Evans & Lewis LLC, blocking the wife from testifying to fight the firm's attempt to throw her husband out of the lawsuit.
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July 29, 2024
Machine Toolmaker Hardinge Files Ch. 11 With Plans To Sell
New York-based metal-cutting machine toolmaker Hardinge Inc. filed for Chapter 11 protection in Delaware bankruptcy court Monday with more than $100 million in debt and plans for a bankruptcy sale.
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July 26, 2024
Judge Requires 'Opt In' Releases For Red Lobster Ch. 11
A Florida bankruptcy judge said on Friday that she will conditionally approve disclosures for Red Lobster's reorganization plan after the seafood chain agreed to add "opt in" procedures that some creditors can use to release third parties from liability under its Chapter 11 plan.
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July 26, 2024
US Trustee Raises Jevic Concerns In Coach USA Ch. 11 Sale
The U.S. Trustee's Office on Friday objected to the bidding procedures proposed by bus line operator Coach USA, arguing that a requirement in the company's debtor-in-possession loan agreement to set aside $3.5 million to pay unsecured creditors may be improper because it flouts bankruptcy rules regarding creditor priority.
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July 26, 2024
Meet The Attorneys In Vintage Wine Estates' Ch. 11
A team of lawyers from Richards Layton & Finger PA and Jones Day is guiding Vintage Wine Estates, an owner of more than 30 wine brands, through its Chapter 11 case in Delaware.
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July 26, 2024
Apparel Biz Delta Can Auction Assets In August
A Delaware bankruptcy judge cleared the way Friday for clothing manufacturer Delta Apparel to put its assets on the auction block next month with a $28 million starting bid for one of its lifestyle and fashion brands, as the company continues to search for a stalking horse to bid on its remaining clothing lines.
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July 26, 2024
'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years
McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.
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July 26, 2024
New Bill Would Sink 'Texas Two-Step' Ch. 11s Over 'Bad Faith'
U.S. lawmakers are taking aim at a controversial bankruptcy tactic used by Johnson & Johnson and others designed to insulate corporations from mass tort liability, introducing a bipartisan bill that would order courts to label "Texas two-step" Chapter 11 cases "bad-faith filings."
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July 25, 2024
Girardi Can't Block Firm's Chapter 7 Evidence In Fraud Trial
Tom Girardi can't exclude evidence from his upcoming trial that he claims prosecutors illegally obtained from his firm's bankruptcy trustee, after a California federal judge said Thursday no constitutional rights were violated since the evidence was the bankruptcy estate's property and in the trustee's possession.
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July 25, 2024
Embattled Texas Law Firm Wants More Time For Ch. 11 Plan
Troubled Houston law firm MMA Law asked a Texas bankruptcy court to extend the exclusivity period to file a Chapter 11 plan for 120 more days, with a current filing exclusivity period set to end in early August.
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July 25, 2024
Judge Says Gateway Pundit Parent Filed Ch. 11 In Bad Faith
A Florida bankruptcy judge Thursday dismissed the Chapter 11 case of far-right media outlet The Gateway Pundit's parent company as a bad-faith attempt to shield its founder from liability in a defamation suit over articles alleging vote fraud in the 2020 presidential election.
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July 25, 2024
Pioneer Health Seeking More Ch. 11 Financing To Fund Sale
Orthopedic clinic operator Pioneer Health Systems LLC is hoping to cobble together additional debtor-in-possession financing to fund a Chapter 11 sale process, its attorney told a Delaware bankruptcy judge Thursday.
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July 25, 2024
'Textbook Failure' Enabled CFO's Theft From McElroy Deutsch
As the criminal case against McElroy Deutsch Mulvaney & Carpenter LLC's former chief financial officer reaches sentencing, fraud experts and legal leaders tell Law360 Pulse that his misconduct signals a lack of internal controls at the firm.
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July 25, 2024
Vintage Wine Estates Can Tap Into $60.5M DIP Financing
Bankrupt wine producer and processor Vintage Wine Estates received permission Thursday from a Delaware bankruptcy judge to begin borrowing under a $60.5 million debtor-in-possession financing package being provided by its prepetition lenders.
Expert Analysis
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Why 7th Circ. Libel Ruling Is Crucial For The Media
As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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3 Cases Show Tensions Between Arbitration And Insolvency
The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.
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Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Why Delaware ABCs Are No Longer As Easy As 1-2-3
In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.