Mid Cap
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May 09, 2025
Government IT Contractor Gets OK For June Ch. 11 Auction
A New York bankruptcy judge on Friday gave government information technology contractor Sysorex Government Services permission for a June auction of its business over the objections of the U.S. Trustee's Office, which is arguing the case is being heard in the wrong venue.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Girardi's Mental Health Hearing Delayed Until June
A California federal judge on Thursday postponed a mental health evaluation hearing for Tom Girardi meant to aid the court in sentencing the disbarred attorney for his wire fraud conviction, finding that because Girardi is hospitalized and did not waive his right to be present at the proceedings, it should not go forward as scheduled.
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May 08, 2025
Under The Radar: Bankruptcy News You May Have Missed
Newly bankrupt Rite Aid was let off the hook for multidistrict litigation over a blood pressure medication, thanks to discharges from its previous, now-closed Chapter 11. Strawberry grower Driscoll's took exception to a vertical farmer's bid to sell one of its master services agreements. And trucking company Yellow Corp. asked to conduct yet another asset sale.
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May 08, 2025
Calif. Apartment Owner Files Ch. 11 With $46M Debt
The owner of a 53-unit Corona, California, apartment complex has filed for Chapter 11 protection in California bankruptcy court ahead of a foreclosure proceeding with nearly $46 million in debt.
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May 08, 2025
Genetics Co. Synthego Can Tap Part Of Its $50M DIP Facility
A Delaware bankruptcy judge on Thursday granted interim approval allowing California-based gene-editing technology supplier Synthego Corp. to access a portion of its $50 million debtor-in-possession financing, which is backed by its prepetition lender, as the debtor moves forward with a sale process.
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May 08, 2025
Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told
Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.
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May 08, 2025
Biotech Co. Accelerate Diagnostics Hits Ch. 11 With Sale Plan
Medical technology company Accelerate Diagnostics Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $90.2 million of debt and a plan to sell the business to lender Indaba Capital Management for $36.9 million.
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May 07, 2025
Girardi Hospitalized Ahead Of Mental Evaluation Hearing
Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys.
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May 07, 2025
Texas Two-Step Takes Second Step Into Appeals Courts
The "Texas two-step" will get its second circuit court test Thursday, as a Fourth Circuit panel takes up the question of whether Georgia-Pacific LLC's funding of the asbestos liabilities of its spinoff Bestwall LLC takes the company out of the jurisdiction of the bankruptcy court.
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May 07, 2025
Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed
A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.
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May 07, 2025
Exactech Creditors Can't Redistribute Solicitation Packages
A Delaware bankruptcy judge on Wednesday denied a bid from Exactech's official committee of unsecured creditors to redistribute solicitation packages sent to tort claimants, saying there was no legal basis to approve the proposed change.
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May 07, 2025
7 Questions For New ABI President Bruce Harwood
Former U.S. Bankruptcy Judge Bruce A. Harwood became the president of the American Bankruptcy Institute last month after retiring in August to be closer to his family in California following more than a decade on the bench in New Hampshire.
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May 07, 2025
Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty
A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.
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May 07, 2025
CarePoint Gets $20M More Interim DIP Financing In Ch. 11
A Delaware bankruptcy judge Wednesday approved a bid from hospital owner CarePoint Health Systems Inc. to receive $20.5 million in funding through a sixth extension of its interim debtor-in-possession financing.
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May 07, 2025
Dolphin Encounter Co. Gets 2-Member Ch. 11 Committee
The Office of the U.S. Trustee has appointed two members to the official committee of unsecured creditors in the Chapter 11 case of dolphin encounter company Leisure Investments Holdings LLC.
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May 07, 2025
Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits
A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.
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May 06, 2025
NC Staffing Biz Hits Ch. 11 After Scuttled Merger And Delisting
Five affiliates of a North Carolina staffing company have filed for Chapter 11 bankruptcy protection, listing debts of up to $100 million after a planned merger fell through and its stock was delisted.
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May 06, 2025
Toy Industry Braces For Bankruptcies Under Tariffs
After Joann Cartiglia started designing dolls from the basement of her home two decades ago, business took off and she began selling to major retailers, adding new products to her lineup and expecting to eventually sell the company as her retirement plan.
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May 06, 2025
23andMe Gets WashU Law Prof For Privacy Ombudsman
The Office of the U.S. Trustee said Tuesday it had appointed Washington University School of Law Professor Neil M. Richards as consumer privacy ombudsman in 23andMe's Chapter 11 case to vet a sale process for the genetics testing company that's slated to include millions of users' DNA information.
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May 06, 2025
State Officials Say CFPB Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
Edgio's Ch. 11 Plan Disclosures Approved In Del.
The Chapter 11 plan disclosure statement of digital content delivery company Edgio Inc. received bankruptcy court approval Tuesday in Delaware after counsel for the debtor said the documents were being presented on a fully consensual basis.
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May 06, 2025
Catching Up With New Bankruptcy Case Action
Drugstore chain Rite Aid Corp. reentered bankruptcy with over $1 billion in debt less than a year after its earlier reorganization plan was approved, e-commerce firm Digital River Marketing Solutions Inc. filed for Chapter 7 with approximately $45.2 million in secured debt, and the owner of a Manhattan condo building filed for Chapter 11 with $32 million in mortgage debt in the face of foreclosure. Here are this week's new bankruptcy cases.
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May 06, 2025
Alex Jones' Atty Seeks Discipline Pause In Sandy Hook Leak
Alex Jones' former lead Connecticut attorney has asked a state appeals court to pause the remaining seven days of a suspension he was handed for a role in transferring Sandy Hook families' confidential records to another Jones attorney in Texas, arguing the case should be stayed while he again appeals the punishment.
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May 06, 2025
Pa. Panel Wonders If Mall's Condemnation Appeal Is Moot
The owners of a defunct and half-demolished shopping mall in the Pittsburgh suburbs say the surrounding borough didn't give them enough information to contest the order condemning their property, but judges of a Pennsylvania appellate court questioned Tuesday if the demolition made the issue moot.
Expert Analysis
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Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.