Mid Cap
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April 19, 2024
US Trustee Balks At Releases In EV Charging Co.'s Ch. 11 Plan
The U.S. Trustee's Office on Friday objected to electric-vehicle charging company Charge Enterprises Inc.'s proposed Chapter 11 plan, telling a Delaware bankruptcy court it contains an "impermissibly broad" exculpation provision and the debtor should provide more factual information to support the release plan.
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April 19, 2024
Quinn Emanuel Faces Class Action Over Fla. Fee Agreements
The wife of luxury home developer Nir Meir, who was charged with falsifying records and defrauding investors, is hoping to avoid paying more than $360,000 in attorney fees to Quinn Emanuel Urquhart & Sullivan LLP in a proposed class action, saying her husband forged her signature on a fee agreement with the firm.
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April 19, 2024
9 Ex-Ingram LLP Attorneys Join Tarter Krinsky In New York
Tarter Krinsky & Drogin LLP announced that nine attorneys from the now-defunct firm Ingram LLP joined its New York office, expanding the firm's litigation, real estate, and landlord and tenant practice groups.
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April 19, 2024
Tex-Mex Chain Tijuana Flats' New Owner Puts It In Ch. 11
Fast-casual Tex-Mex dining chain Tijuana Flats said Friday it has changed ownership and filed for Chapter 11 protection in Florida bankruptcy court with more than $10 million in debt.
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April 19, 2024
Small Business Ch. 11 Is Cheaper, More Efficient, Report Finds
Small businesses that seek protection under a new subchapter of the U.S. Bankruptcy Code spend less money on their cases and approve reorganization plans both more often and more quickly, according to an American Bankruptcy Institute report released on Friday.
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April 18, 2024
Giuliani Wants To Hire Longtime Friend To Help With Ch. 11
Former New York City Mayor Rudy Giuliani asked a New York bankruptcy judge to hire his friend of 50-some years and former White & Case LLP partner Kenneth Caruso as a special litigation counsel for the $148 million defamation suit he is facing from two Georgia election workers.
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April 18, 2024
Careismatic Plans $782M Debt Equity Swap In Ch.11
A New Jersey bankruptcy judge on Thursday approved the disclosure statement of medical scrubs distributor Careismatic Brands LLC, which outlined a plan to wipe out $782 million in secured debt and reflected an overall settlement earlier that day with multiple secured and unsecured creditor groups.
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April 18, 2024
Senate Bill Would Extend Small Biz Ch. 11 Debt Cap Increase
A bipartisan group of U.S. senators are pushing new legislation that would prevent the current $7.5 million debt eligibility cap for Subchapter V bankruptcies, a simplified Chapter 11 process for small businesses and individuals, from reverting to the previous limit of $2.7 million in June.
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April 18, 2024
Judicial Ethics, Subchapter V Recs On Tap For ABI Meeting
Restructuring professionals are gathering this week in Washington, D.C., for the annual spring meeting of the American Bankruptcy Institute, where they will hear about issues ranging from trends in debtor-in-possession financing to the impact of artificial intelligence on bankruptcy proceedings.
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April 18, 2024
Meet The Attorneys In Oberweis Dairy's Ch. 11
Attorneys from Adelman & Gettleman Ltd. are representing Oberweis Dairy, a popular Illinois-based ice cream and dairy producer, as it seeks to deal with nearly $22 million in debt with an asset sale in Chapter 11.
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April 18, 2024
5th Circ. Says Subchapter V Limits Apply To Businesses
The Fifth Circuit has ruled that corporations are subject to the same restrictions on what debts they can have discharged through Subchapter V of the Bankruptcy Code's Chapter 11 as individuals using the streamlined insolvency process, countermanding a bankruptcy court's finding that the limitations didn't apply to a janitorial services provider.
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April 18, 2024
Bank Wants To Exit Suit Over $100M Of Special Needs Trusts
American Momentum Bank has for the second time asked a Florida federal judge to let it get out of a lawsuit from the parents of a disabled child claiming it abetted a predatory scheme to misappropriate more than $100 million of special needs trust assets, saying the parents failed to show what role the bank played in the alleged misdeeds.
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April 18, 2024
Bankrupt Oberweis Dairy Receives $20M Stalking Horse Bid
Oberweis Dairy Inc. has received a $20 million stalking horse bid for its assets and hopes to attract other potential buyers, its attorneys said at a bankruptcy hearing Thursday in Chicago, where it also received interim approval of a $1 million debtor-in-possession loan from its senior prepetition lender.
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April 18, 2024
J. Singer Law Group Adds New Bankruptcy Of Counsel
J. Singer Law Group PLLC has announced it hired bankruptcy attorney Ira Reid as the firm's new of counsel who will focus on its Chapter 11 bankruptcy practice.
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April 18, 2024
Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction
Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.
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April 17, 2024
Ga. High Court Urged To Broaden Atty Malpractice Time Limit
Counsel for an Atlanta restaurateur urged the Supreme Court of Georgia on Wednesday to revive a malpractice claim against his former lawyer by allowing for a more expansive statute of limitations when breach of contract claims enter the mix.
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April 17, 2024
Chancery Orders Invictus Fund Manager To Hand Over Docs
A distressed credit and special situations fund that has battled its general partner and investment manager for months to hand over key records and documents won a partial victory in Delaware's Court of Chancery Wednesday when a vice chancellor found "repeated interference" with the fund's rights to information.
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April 17, 2024
Wilmington Trust Wants $33M For Defaulted Mortgage
Wilmington Trust accused a company in Delaware federal court of owing more than $33 million for a defaulted mortgage loan for a Wilmington, Delaware, property.
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April 17, 2024
4 Shocking Moments In Bankruptcy History
History is replete with bankruptcy filings that shocked the world due to their size, unexpectedness, criminal complications or final-nail-in-the-coffin quality — Lehman Brothers, FTX, Enron or even long-lost department store B. Altman & Co., for example. But what bankruptcy moments have most surprised practitioners? Below we recount four times when bankruptcy lawyers were taken aback by what they were witnessing.
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April 17, 2024
Kristen Bell's Baby Co. Proposes Ch. 11 Plan After $65M Sale
Unconditional Love Inc., the baby-product company founded by actress Kristen Bell that does business as Hello Bello, filed a Chapter 11 plan and disclosure statement in Delaware bankruptcy court following a $65 million sale of its assets.
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April 17, 2024
Missouri Moves To Block Biden's Student Loan Relief Plan
A Missouri-led state alliance wants a federal court to block further student loan relief planned by the Biden administration, claiming the president's lending forgiveness scheme will cost them hundreds of millions of dollars and is doomed to fail under U.S. Supreme Court precedent.
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April 17, 2024
Akerman Taps Longtime Fla. Partner As Bankruptcy Co-Chair
Akerman LLP has named a Fort Lauderdale, Florida, partner with nearly three decades and a long history of leadership at the firm to co-chair its bankruptcy and reorganization group.
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April 17, 2024
4th Circ. Affirms No Shield From IRS For Home In Bankruptcy
A North Carolina man who filed for bankruptcy protection and owes federal tax debt cannot shield the house he owns with his wife from the Internal Revenue Service, which is pursuing the asset as a creditor in the proceedings, the Fourth Circuit affirmed Wednesday.
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April 16, 2024
Retired Judge Carey Dies, Fraudster Charged, Diocese Bails
The bankruptcy bench in Delaware lost a well-respected colleague, retired Judge Kevin J. Carey, while federal court officials made good on efforts to root out fraud in the nation's bankruptcy courts, and a New York Catholic diocese moved to end its Chapter 11 case without a reorganization plan after abuse claimants roundly rejected its proposal.
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April 16, 2024
Canadian Trucking Biz Nears Consensus On US DIP Approval
At a hearing on Tuesday in Delaware bankruptcy court, Canadian trucking company Pride Group appeared to reach a consensus with certain creditors that will allow it to gain provisional approval of its debtor-in-possession facility that already received the go-ahead in Canadian court.