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Bankruptcy
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October 17, 2024
NJ Injury Firm Heads To Ch. 11 Under $700K State Tax Debt
New Jersey personal injury attorney law firm Michael J. Weiss Inc. has hit Chapter 11 with $697,397.86 in state tax liability, according to court filings.
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October 16, 2024
NYC Condo Building's Revised Ch. 11 Plan Gets Confirmation
A New York federal bankruptcy judge has confirmed the owner of a Manhattan condominium complex's revised Chapter 11 plan, signing off on the planned restructuring after initially sending it back for revisions in late September, according to a notice filed Wednesday.
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October 16, 2024
True Value Strikes Bridge Deal To Fund Ch. 11 Case With Cash
Hardware store supplier True Value Co. is "laser focused" on closing a $153 million sale, attorneys for the company Wednesday told a Delaware bankruptcy judge who agreed to approve a two-week deal the debtor struck with a lender to use cash on hand to fund the Chapter 11 case.
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October 16, 2024
Brazilian Electricity Biz Seeks US Ch. 15 Recognition
Light SA, parent to a major Brazilian electrical utility, has asked a Texas bankruptcy judge to grant U.S. recognition of its foreign insolvency proceedings, saying a Brazilian court had approved a restructuring plan for the company to deal with roughly $2 billion in debt that has high creditor support.
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October 16, 2024
Giuliani Says Ga. Poll Workers Can't Go After His Fla. Condo
Disgraced ex-lawyer Rudy Giuliani told a New York federal court Wednesday that two Georgia poll workers cannot force a sale of his Florida condominium to help cover their $148 million defamation award against him because the property is his permanent residence and thus is shielded under a "homestead" exemption.
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October 16, 2024
Ex-Judge Aims To Shield Bank Records In Romance Probe
A former U.S. bankruptcy judge is hoping to sink a subpoena from the U.S. Trustee's Office for his banking records in connection with its inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner who appeared before him in a number of cases.
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October 16, 2024
Fla. Jury Finds 2 Live Crew Can Take Back Music Rights
A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.
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October 16, 2024
Construction Co., Gov't Drop $4M Retention Credit Suit
A former construction business' suit against the Internal Revenue Service seeking nearly $4 million in employee retention credit refunds was dismissed by a Florida federal judge Wednesday after the company and the federal government agreed to drop the case.
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October 16, 2024
Key Bank Blocking Hunt For Apt. Co-Op's $1.3M, Towns Say
Key Bank NA should be held in contempt of court because four insurance checks totaling $1.3 million seem to have vanished from a troubled housing co-op's accounts, and the bank is preventing a receiver in charge of the 924-unit Success Village Apartments from figuring out what happened, two Connecticut municipalities have said.
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October 16, 2024
Jenner & Block Grows Restructuring Team In NYC, Chicago
Jenner & Block LLP announced Wednesday an expansion of its bankruptcy and restructuring practice in New York and Chicago with the addition of two partners from Mayer Brown LLP, including a former co-leader of that firm's restructuring group in New York.
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October 15, 2024
Exec's $77M WeWork Offer Was Stupid, Not Fraud, Jury Told
Counsel for the former CEO of real estate investment firm Arciterra told a Manhattan federal jury Tuesday his client was a fool for making what prosecutors described as a fake $77 million tender offer for a controlling stake in WeWork before its bankruptcy, but he wasn't trying to falsely pump up the coworking company's stock price.
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October 15, 2024
Uncle Luke Says 2 Live Crew Songs Weren't Works For Hire
Rapper and producer Luther Campbell, also known as Uncle Luke, told jurors Monday that the checks they'd been shown for payments to members of hip-hop group 2 Live Crew were for per diem expenses, not paychecks, and insisted that the group members were not employees of his record label and can therefore claw back their rights to their old hit recordings.
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October 15, 2024
Fla. Medical Co. Hits Ch. 11 With Plans For Quick $45M Sale
The operator of 26 primary care centers in Florida has filed for Chapter 11 in hopes of a quick $45 million sale to an affiliate of health insurance company Humana Inc.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Wheel Pros Gets OK For $1.4B Equity-Swap Ch. 11 Plan
A Delaware bankruptcy judge on Tuesday approved automotive wheel company Wheel Pros LLC's prepackaged Chapter 11 plan to swap $1.4 billion in senior secured debt for controlling equity in the company.
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October 15, 2024
True Value Hardware Hits Ch. 11 With $153M Asset Sale Plan
The 75-year-old hardware retailer True Value Co. LLC filed for Chapter 11 protection in Delaware bankruptcy court, with its plan to sell all assets to industry rival Do It Best Corp.
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October 11, 2024
Electric Vehicle Maker Fisker Cleared To Exit Chapter 11
Electric car maker Fisker Inc. is set to exit Chapter 11 after a Delaware bankruptcy judge on Friday ruled that opt-out forms sent during plan voting showed creditor consent for third-party releases, but that shareholders who didn't vote on the plan hadn't agreed to the releases.
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October 11, 2024
Discount Chain's Equity Owner Gets OK To Run Ch. 11 Sales
A Delaware bankruptcy judge Friday gave discount retailer Channel Control Merchants permission to use an affiliate of its majority shareholder to run the going-out-of-business sales in its Chapter 11 case.
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October 11, 2024
Judge Doubts FTX Alum Needs Further Dog Bite Recovery
A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.
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October 11, 2024
Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand
Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on speculative harms.
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October 11, 2024
Ex-Girardi Keese CFO Pleads Guilty In Calif. Wire Fraud Cases
Girardi Keese's former Chief Financial Officer Christopher K. Kamon pled guilty Friday in California federal court to two counts of wire fraud, admitting that he conspired with the firm's disgraced co-founder Tom Girardi to steal millions from a client, while also stealing millions from the firm behind Girardi's back.
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October 11, 2024
Conn. Judge OKs $5M Deal To Resolve AG's Vision Solar Case
A Connecticut state judge approved a $5 million judgment to resolve an unfair trade practices suit Attorney General William Tong brought against Vision Solar LLC.
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October 11, 2024
BurgerFi Creditors Blast DIP, Bidding Procedures In Ch. 11
Unsecured creditors of restaurant chain BurgerFi Inc. are challenging the terms of its post-bankruptcy financing package and some of the details of its planned asset sale, saying the provisions will unfairly leave creditors with little to nothing in recoveries.
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October 11, 2024
Wheel-Maker Can Tap $20M Of $103M Ch. 11 Funding
A Delaware bankruptcy judge Friday agreed to allow wheel manufacturer Accuride Corp. to tap into up to $20 million of a $103 million debtor-in-possession financing package from its lenders as an interim measure, along with a slate of customary first-day requests.
Expert Analysis
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Cannabis Ruling Lights Path For Bankruptcy Protection
A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Bankruptcy Courts' Role In Shaping Crypto's Legal Framework
Massive financial and criminal liability has led to the recent collapse of major cryptocurrency companies and put bankruptcy courts in the spotlight, underscoring the urgent need for a comprehensive regulatory framework, say Tara Pakrouh and Eric Monzo at Morris James.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Conn. Bankruptcy Ruling Furthers Limitation Extension Split
A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.