Mid Cap
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told
UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.
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February 28, 2025
Lawyer Felled By Litigation Funders Says He'll Practice Again
In a meeting with creditors on Friday, Texas mass tort attorney Truett Akin IV said he intends to practice law again after both he and his law firm filed for bankruptcy amid arbitration brought by a litigation funding firm, to which they potentially owe hundreds of millions of dollars.
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February 28, 2025
Under The Radar: Bankruptcy News You May Have Missed
The licensing arm of Universal Studios objected to a Party City asset sale, bondholders urged a judge to lift a stay on outside litigation in the Puerto Rico Electric Power Authority's restructuring case, and a satellite service provider asked a court to dismiss an adversary suit brought by debtor Ligado Networks. These are some of the bankruptcy stories you may have missed in the last week.
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February 28, 2025
Carbon Project Investor C-Quest Hits Ch. 7
Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.
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February 28, 2025
Nikola Ch. 11 Creditors Committee Heavy On Trade Vendors
The U.S. Trustee's Office appointed seven parties, including several trade vendors, to the official committee of unsecured creditors in the Chapter 11 case of electric and hydrogen-powered truck maker Nikola Corp., which is hoping to hold a bankruptcy auction by the end of March.
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February 28, 2025
Judge Approves Revised Blink Fitness Ch. 11 Plan
A Delaware bankruptcy judge approved Blink Fitness' Chapter 11 wind-down plan on Friday after it removed legal protections for its plan administrator.
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February 28, 2025
California Hotel Operator Checks Into Ch. 11
Hotel owner and operator MOM CA Investco LLC and two affiliates filed for Chapter 11 protection Friday in Delaware, citing $100 million to $500 million each in assets and liabilities.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
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February 27, 2025
Judge Axes NYC Loan Row, Sanctions Firm For Depositions
A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.
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February 27, 2025
AI Crypto Company Joins Call For New Infowars Auction
An artificial-intelligence cryptocurrency business has joined the backup bidder for Alex Jones' Infowars platform in asking a Texas bankruptcy judge to restart an asset auction, saying it would like its bid to be considered.
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February 27, 2025
Judge Urges $15.5M Tax Judgment Against Ex-NFL Champ
A federal magistrate judge recommended a default judgment against four-time Super Bowl champion Bill Romanowski and his wife for $15.5 million in taxes, saying in a report Thursday that the couple failed to respond to the underlying government complaint against them.
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February 27, 2025
Aerospace Supplier Gets OK To Tap 'Rich' $4M Ch. 11 Loan
Aerospace parts supplier Dynamic Aerostructures received a Delaware bankruptcy judge's approval Thursday to borrow a slice of $12.5 million in Chapter 11 financing that the judge said was clearly needed, albeit "expensive."
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February 27, 2025
Selendy Gay Names New Managing Partner, COO
Litigation boutique Selendy Gay PLLC announced Thursday that it has appointed bankruptcy and insolvency lawyer Kelley Cornish as managing partner and landed the top legal head of Cinch Home Services as its new chief operating officer.
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February 27, 2025
How TreeSap Farms Got Stuck In Ch. 11
Landscaping plants grower TreeSap Farms LLC was pushed toward filing a Chapter 11 petition by Southern California drought conditions that were followed by an unusually heavy wet season, a climbing debt burden and prepetition lenders that insisted emergency funding be tied to a bankruptcy.
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February 27, 2025
Housing Project To Drop Receiver After US Trustee Concern
New York City affordable housing complex Valdesia Gardens is transferring control of the property from a receiver back to the debtor after the U.S. Trustee's Office objected to the receiver's involvement and sought instead to appoint a Chapter 11 trustee.
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February 26, 2025
For Large Firms, A Day In Ch. 11 Can Be Costlier Than Ever
Large companies are paying more to restructure debt both during bankruptcy and in the months leading up to a Chapter 11 filing, with the typical cost of a day in court ballooning in recent years, according to a new paper by Harvard Law School Professor Jared A. Ellias.
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February 26, 2025
Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud
The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.
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February 26, 2025
Investor Says Lowenstein Sandler Violated Dispensary Deal
An investment group involved in a complex dispute between Lowenstein Sandler LLP and a cannabis dispensary has asked a New Jersey state judge to enforce a settlement order and sale order, alleging the firm has violated previous legal rulings while pursuing its claim for purportedly unpaid legal fees.
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February 26, 2025
Celsius Can Continue Arbitration Against Crypto Miner
The litigation administrator for former cryptocurrency platform Celsius Network LLC can continue its arbitration with cryptocurrency mining operation Mawson Infrastructure that was pushed into Chapter 11 in December, a Delaware bankruptcy judge said Wednesday.
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February 26, 2025
Meet The Attys Helping TreeSap In Ch. 11's Sticky Situation
Landscaping plants grower TreeSap Farms LLC has assembled attorneys from the firms McKool Smith and Hunton Andrews Kurth LLP to help it through a Chapter 11 aimed at fortifying its business and enabling a sale of its assets.
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February 26, 2025
Boeing, Lockheed Supplier Hits Ch. 11 With Over $50M In Debt
Dynamic Aerostructures LLC, a Los Angeles aerospace parts supplier for Lockheed Martin and Boeing, filed for bankruptcy Wednesday, citing more than $50 million in debt, after the company suffered from "manufacturing practice inconsistencies" that resulted in quality control issues.
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February 25, 2025
Drinks Co. Ex-CEO Files $732M Sanctions Motion Against Firm
The former CEO of an energy drinks company on Tuesday urged a Florida state court to impose $732 million in sanctions against a law firm in a legal fees dispute, saying its attorneys' litigation misconduct caused serious financial harm while representing him in a separate federal bankruptcy case.
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February 25, 2025
Alex Jones Asks To Maintain Stay On Sandy Hook Payment
Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.
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February 25, 2025
Biora Therapeutics Gets OK To Take $30M Ch. 11 Asset Bid
A Delaware bankruptcy judge on Tuesday gave biotech company Biora Therapeutics Inc. the go-ahead to accept a $30 million credit bid for its assets after secured and unsecured creditors agreed to revise a related settlement that raised objections from the U.S. trustee's office.
Expert Analysis
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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.