Mid Cap
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April 18, 2025
Biotech Execs Seek Ch. 15 Pause Pending Trustee Removal
Executives with BIA Separations, the U.S. subsidiary of an Austrian biotechnology company, have asked a Delaware bankruptcy judge to delay granting the foreign company Chapter 15 recognition until efforts to remove the trustee who started the U.S. bankruptcy can be decided.
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April 18, 2025
Skadden Atty Joins Milbank's Financial Restructuring Group
Milbank LLP has added a longtime Skadden counsel as a partner in its financial restructuring group in the New York office, as part of the firm's ongoing global expansion of its restructuring practice.
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April 17, 2025
Fracking Co. Nitro Can Sell Assets For $10M In Ch. 11
A Texas bankruptcy court on Thursday granted fracking services provider Nitro Fluids' motion to sell some of its assets to a stalking horse bidder for almost $10 million.
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April 17, 2025
'Matrix' Producer Lands New, $52.5M Higher Stalking Horse
Movie production and finance company Village Roadshow Entertainment Group asked a Delaware bankruptcy judge to approve a new stalking horse in its Chapter 11, saying the $417.5 million bid for its library tops an earlier offer.
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April 17, 2025
Debt Firm's Successor, Ch. 11 Trustee End Latest Pay Dispute
A law firm that bought thousands of client files left over from the collapse of bankrupt California-based debt relief business Litigation Practice Group PC has agreed to pay nearly $1 million to the bankruptcy estate to help settle a payment dispute that began months ago.
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April 17, 2025
Coach USA Insurer Seeks Coverage Clarification In Ch. 7 Case
An insurer for bus operator Coach USA Inc. asked a Delaware bankruptcy court to find that it does not owe commercial auto liability coverage for certain claims arising out of Coach's operations that are insured by its captive insurer.
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April 17, 2025
Data Breach, Market Challenges Led 23andMe To Ch. 11
Facing macroeconomic headwinds, including rising inflation and expenses associated with a major data breach in October 2023, genetic testing company 23andMe launched a Chapter 11 case last month in Missouri bankruptcy court, disclosing $214 million in debt and its intention to sell the business.
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April 17, 2025
Dorsey & Whitney Adds DOJ Bankruptcy Ace In Del., NY
Dorsey & Whitney LLP has fortified its bankruptcy and financial restructuring group in Delaware and New York with an attorney who came aboard from the U.S. Department of Justice.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Cutera's Ch. 11 Approved With Opt-Out Releases Intact
The Chapter 11 plan of skin care technology company Cutera Inc. received approval Wednesday from a Texas bankruptcy court, with an opt-out mechanism for third-party releases intact over the objection of the U.S. Trustee's Office.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Fla. Realty Co. Sued Over Home Liens Told To Pay Ch. 11 Bills
A Florida bankruptcy judge on Wednesday said he would approve judgments ordering a realty company sued over predatory listing contracts that effectively acted as liens on homes to pay more than $800,000 in Chapter 11 fees, including to attorneys representing homeowners allegedly duped into signing the agreements.
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April 16, 2025
Jackson Walker Hits Back At Bankruptcy Court Standing Brief
Jackson Walker LLP told a federal judge that the CEO of a now-bankrupt barge company is improperly trying to relitigate the issue of standing in bankruptcy court with his suit over a former judge's secret romance with a firm partner.
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April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
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April 16, 2025
Meet The Attys Leading Publishers Clearing House In Ch. 11
Bankrupt sweepstakes company Publishers Clearing House has called upon attorneys from Klestadt Winters Jureller Southard & Stevens LLP to guide its Chapter 11 while it seeks to sell assets and concentrate its future on digital advertising.
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April 15, 2025
2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit
The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.
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April 15, 2025
Fintech Creativemass Seeks Quick Liquidation In Ch. 11
A Delaware bankruptcy judge on Tuesday approved a number of first-day motions in the Chapter 11 case of Creativemass, a wealth management app developer that is pursuing a prepackaged liquidation plan through which it would repay creditors in full and wind down.
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April 15, 2025
Chinese Real Estate Developer Hit With Involuntary Ch. 11
Three creditors of Chinese real estate developer Xinyuan Real Estate Co. Ltd. filed an involuntary bankruptcy petition against the company late Monday, saying it is in default on $170 million in note debt.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
Ore. Distillery Wants To Sell 6,800 Barrels Of Whiskey In Ch. 11
Bankrupt liquor producer House Spirits Distillery has proposed procedures to sell off its inventory of 6,800 barrels of whiskey in Chapter 11, saying it wants the freedom to complete small-scale sales at will to help it remain liquid during its Chapter 11 case.
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April 15, 2025
Telecom Infrastructure Biz Hits Ch. 11 With Up To $50M Debt
Excell Communications Inc., a telecommunications infrastructure developer, and two affiliates filed for bankruptcy in New York with $45.5 million in unsecured debt after losing a key business relationship.
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April 15, 2025
Mounting Fees In Exactech Ch. 11 Worries Judge
Exactech Inc. Tuesday told a Delaware bankruptcy judge that the implant maker has secured enough funding to keep its Chapter 11 case going until its scheduled confirmation hearing at the end of May, while the judge said she was concerned about mounting attorneys fees.
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April 15, 2025
Catching Up With New Bankruptcy Case Action
Publishers Clearing House entered Chapter 11 in New York as it looks to sell assets and focus on its digital business; a paper towel company that stocks Trader Joe's and other grocery store chains entered Chapter 11 in Delaware with a $126 million bid to buy its company as a sale floor; and a Brazilian sugar producer asked a New York bankruptcy court to recognize a foreign insolvency.
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April 15, 2025
Husch Blackwell Adds Chamberlain Hrdlicka Bankruptcy Ace
Husch Blackwell LLP has fortified its insolvency and commercial bankruptcy practice with a partner in Austin, Texas, who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
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April 14, 2025
Fulcrum's Ch. 11 Plan Approved Following Asset Sales
Waste-to-fuel recycler Fulcrum Bioenergy received approval Monday for its Chapter 11 plan of liquidation following a surprisingly successful sale process, debtor's counsel said.
Expert Analysis
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Why The Debt Maturity Wall Is Still A Figment, For Now
While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.