Mid Cap
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August 13, 2024
LL Flooring Gets Initial OK On $130M Ch. 11 Loan
Home renovation retailer LL Flooring got a Delaware bankruptcy judge's interim nod for an up to $130 million debtor-in-possession package as attorneys said at a hearing Tuesday that they need to nail down a stalking horse offer for the business by the end of the month or pivot to a Chapter 11 liquidation.
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August 13, 2024
Solar Co. ISun Gets Initial OK On $10M Sale In Ch. 11
A Delaware bankruptcy judge indicated Tuesday he would approve solar energy company iSun's plan to sell itself once the firm works through a few remaining objections to the $10 million deal.
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August 13, 2024
Jackson Walker Slams 'Draconian' Judge Romance Fees Bid
Jackson Walker LLP is pushing back on a U.S. Trustee Office's attempt to roll back at least $13 million in fees and reimbursements awards, saying the firm is just the latest bystander to become "collateral damage" from a concealed romance between an ex-firm partner and a former federal bankruptcy judge.
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August 13, 2024
Spector Gadon's $200K Fee Pursuit Against Client Paused
Philadelphia-based Spector Gadon Rosen Vinci PC has to pause its pursuit of more than $200,000 in fees from a client it represented in Chapter 7 bankruptcy proceedings, while the debtor appeals a ruling that the firm has a right to a jury trial on the matter.
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August 13, 2024
Coach USA Gets Nod On Sales Of Bus Lines In Ch. 11
Bus company Coach USA won a Delaware bankruptcy judge's approval Tuesday on four sales of bus routes and property after defeating an objection brought by the U.S. Trustee's Office, allowing the debtor to complete a deal that it said will preserve more than 2,000 jobs.
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August 13, 2024
Green Generator Startup Moxion Files Ch. 7 After Layoffs
Amazon-backed electric generator startup Moxion Power Co. filed for Chapter 7 liquidation in Delaware with between $100 million and $500 million of total estimated liabilities, not long after the San Francisco Bay Area company announced scores of layoffs.
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August 12, 2024
Texas Wants Debt Relief Review In Wake Of 8th Circ. Ruling
Texas' solicitor general on Saturday pressed the U.S. Supreme Court to shut down the Biden administration's student debt relief plan, arguing that a recent Eighth Circuit decision granting an injunction against the plan in a similar case "underscores" why the high court should grant its petition for certiorari.
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August 12, 2024
Chase Bank Sued Over Alleged Ties To $119M Ponzi Scheme
Chase Bank "actively accommodated" a purported Ponzi scheme worth more than a hundred million dollars by real estate developer SiliconSage Builders LLC, according to a court-appointed receiver who alleged in a new suit that the bank "went well beyond providing ordinary banking services" to the developer.
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August 12, 2024
4th Circ. Urged To Rethink Ex-Ch. 11 Trustee Legal Fee Ruling
A Fourth Circuit panel misinterpreted whether the bankruptcy code limits a former bankruptcy trustee from retroactively seeking professional fees after the case was converted to a Chapter 13, the former trustee has asserted in a bid for rehearing.
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August 12, 2024
Meet The Attorneys In The Guardian Elder Care Ch. 11
A team of attorneys from Saul Ewing LLP are representing the nursing homes operating under the banner of Guardian Elder Care as they seek to sell their facilities in a Chapter 11 case in Pennsylvania.
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August 12, 2024
Byju's Dodges Dismissal, Crypto Updates, SunPower Filing
The U.S.-based affiliate of Indian educational technology giant Byju's avoided the dismissal of its Chapter 11 case in Delaware, a subpoena for cellphone records from former bankruptcy judge David R. Jones was quashed, and a $2 billion bankruptcy from a residential solar technology company was filed. This is the week in bankruptcy
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August 12, 2024
Colo. Brewery And Ex-Manager Settle Embezzlement Suit
A Colorado brewery and its ex-manager accused of embezzling more than $600,000 for his own business agreed to permanently dismiss a lawsuit, one day after a state judge let the brewery seek punitive damages in the case.
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August 12, 2024
NYC Office Guarantors Fight 'Surrealistic' Recourse
The guarantors of financing on a Midtown Manhattan office building sued the lender Aug. 8, saying it tricked the borrower into an arrangement that could leave the guarantors liable for the full loan amount and attorney fees in a separate federal lawsuit.
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August 12, 2024
Sorrento Shareholders' Fee Objection Too Late, Judge Says
A Texas bankruptcy judge on Monday found a group of Sorrento Therapeutics shareholders objected too late to proposed fee payments to Jackson Walker LLP for its work on Sorrento's Chapter 11 case, denying them the opportunity to present evidence at a fee hearing next month.
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August 12, 2024
Blink Fitness Hits Ch. 11 In Delaware With $280M Debt
Budget gym chain Blink Fitness and more than 130 affiliates filed for Chapter 11 bankruptcy protection in Delaware with $280 million in debt and plans for an asset sale.
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August 12, 2024
LL Flooring Hits Chapter 11 Amid Consumer Spending Slump
National home improvement store LL Flooring filed for bankruptcy in Delaware with some $109.6 million in funded debt, saying it plans to sell its business and reduce its footprint while in Chapter 11.
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August 09, 2024
Attys Eye Serta Simmons Appeal For New Clues In Debt Fights
Professionals who help distressed companies cope with oppressive debt loads are eagerly awaiting a Fifth Circuit ruling on mattress maker Serta Simmons' 2020 restructuring deal, a decision that experts say could reshape how courts handle so-called uptier transactions and hotly litigated fights among creditors.
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August 09, 2024
Pool Supply Co. Blasts 'Delay Tactics' In Rival's Ch. 11 Case
Pool parts supplier Hayward Industries Inc. has asked a North Carolina bankruptcy court not to allow rival Blueworks Corp. to use its bankruptcy stay to shield its subsidiaries, saying Blueworks has a pattern of foiling Hayward's collection efforts on a $16 million false advertising and unfair business practices judgment.
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August 09, 2024
How 2 Kirkland Attys Pivoted From Law To Communications
Jon Henes and Whitney Fogelberg never envisioned having careers crafting communications strategies for restructuring companies. But the seasoned former Kirkland & Ellis LLP bankruptcy partners have found themselves doing just that at C Street Advisory Group, a specialized public relations firm founded by Henes.
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August 09, 2024
Palm Owner Says Its Ch. 11 Should Halt Ex-GC's Bias Suit
The bankrupt parent company of iconic steakhouse chain The Palm Restaurant wants a federal court to halt a lawsuit filed by its ousted general counsel because its 2019 bankruptcy case has not been dismissed.
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August 09, 2024
NC Insurance Mogul Must Pay Dutch Insurer's $166M Award
Insurance mogul Greg Lindberg and his companies must pay a $166 million arbitral award issued to defunct Dutch life insurer Conservatrix, a North Carolina federal court ruled, saying the award has been upheld by Dutch courts and there is nothing to indicate that the proceedings were not conducted fairly.
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August 08, 2024
Poll Workers, Giuliani Want $148M Judgment Appeal Expedited
Rudy Giuliani and two Georgia election workers who secured a $148 million defamation judgment against him have asked the D.C. Circuit to fast-track the former mayor's appeal of the judgment.
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August 08, 2024
Indicted Co. Owner Gets Reprieve From Ch. 7 Discovery
A Delaware bankruptcy judge said Thursday he'd approve an order allowing discovery in a suit alleging principles of a bankrupt government water contractor engaged in fraud, including $14.5 million in transfers ahead of the bankruptcy, excluding the owner because she has been indicted for perjury.
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August 08, 2024
Fla. Judge Won't Pause E-Scooter Co.'s Ch. 11 Plan
California plaintiffs with tort claims against Bird Global Inc. can't stop a Chapter 11 plan for the bankrupt e-bike and e-scooter rental company while they appeal its confirmation because of the plan's third-party releases, a Florida bankruptcy judge ruled Thursday.
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August 08, 2024
Judge Pauses Syracuse Diocese Ch. 11 Pending Changes
A New York bankruptcy judge put the Roman Catholic Diocese of Syracuse's Chapter 11 case on hold Thursday until the diocese finishes revisions to its bankruptcy plan it says are needed to bring it into line with the Supreme Court's decision on Purdue Pharma's plan.
Expert Analysis
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
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.
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Del. Insurance Co. Liquidation Reveals Recovery Strategies
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.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
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.
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Navigating Asset Tracing Challenges In Bankruptcy
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.
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Lender Agreements And Unitranche Facilities: A Fresh Look
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.
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What Banks Should Know About FDIC Assessment Rule
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.
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Performing Music Makes Me A Better Lawyer
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.
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Bankruptcy Must Be On The Table As A Student Loan Solution
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.
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Breaking Down High Court's New Code Of Conduct
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.
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Rockport Ch. 11 Highlights Global Settlement Considerations
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.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
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.
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Legal Profession Gender Parity Requires Equal Parental Leave
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.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
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.