Mid Cap
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April 22, 2025
Brightmark Bondholders Want 'Charade' Ch. 11 Case Tossed
Secured bondholders of plastics recycling company Brightmark have asked the Delaware bankruptcy court to dismiss the debtor's Chapter 11 proceedings, calling the case a "charade" designed to hand over assets to its parent company to the detriment of the secured creditors.
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April 22, 2025
23andMe Has Received 'Significant Interest' In Ch. 11 Auction
Genetic testing company 23andMe has received significant interest in the Chapter 11 auction for its assets, its counsel told a Missouri bankruptcy judge Tuesday at a hearing where it received final approval of a $35 million financing package to fund its bankruptcy case.
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April 22, 2025
Catching Up With New Bankruptcy Case Action
A renewable diesel fuel refiner filed for bankruptcy to avoid creditor-on-creditor litigation and restructure its debts. The maker of specialized nylon products launched Chapter 11 proceedings after facing industry headwinds and operational disruptions. A startup developing therapies for treatment-resistant types of cancer is hoping to swap its debt for equity in bankruptcy.
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April 22, 2025
Movie Producer Village Roadshow OK'd For Ch. 11 Sale Plan
A Delaware bankruptcy judge on Tuesday gave movie production and finance company Village Roadshow Entertainment Group the go-ahead to implement its proposed asset sale process, after the debtor said it had managed to iron out opposition.
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April 22, 2025
Chase Bank Can't Ditch Claims It Aided $119M Ponzi Scam
A California federal judge trimmed on Monday SiliconSage Builders LLC receiver's lawsuit accusing JPMorgan Chase of allegedly helping the now-defunct real estate developer carry out a massive $119 million Ponzi scheme, tossing an unjust enrichment claim, but allowing the bulk of the aiding-and-abetting allegations to survive.
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April 22, 2025
Pittsburgh Firm Accused Of Botching $3M Office Rent Row
The owner of a Pittsburgh office building claims mistakes made by attorneys from Meyer Unkovic & Scott LLP cost the company more than $3.3 million in rental income and interest payments, according to a lawsuit filed in federal court Monday.
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April 22, 2025
Paper Towel Biz Gets 3-Member Ch. 11 Creditor Committee
The Office of the U.S. Trustee has appointed three members to the official committee of unsecured creditors in the Chapter 11 case of Royal Interco LLC, which supplies private-label paper products for grocery chains including Trader Joe's and Aldi.
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April 22, 2025
Meet The Attys Helping Memstar Through Ch. 11
Water treatment supplier Memstar USA has called upon attorneys from Dykema Gossett PLLC to help it through Chapter 11 as it seeks to address almost $11 million in debt and sell off its assets.
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April 21, 2025
J&J Alleges Records Purge; Judge Flags Exactech Fee Surge
A group of asbestos litigation defendants, including Johnson & Johnson, accused 10 asbestos trusts of trying to destroy evidence linked to tens of thousands of potential cases; a judge expressed concerns about Exactech's soaring legal fees; and the Third Circuit vacated a bankruptcy court's ruling to unseal records in Essar Steel's case, citing use of the wrong legal standard. This is the week in bankruptcy.
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April 21, 2025
Judge Blocks Pot Co. CEO's Bid To Enforce $1.5M Settlement
The founder of a defunct marijuana greenhouse leasing business cannot reopen an investor class action to enforce a $1.5 million settlement and declare a related bankruptcy action unlawful, a Colorado federal judge has ruled, finding that he has already filed a separate lawsuit asking for the same things.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
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April 21, 2025
Wood Insulation Co. Gets OK For Vote On Equity Swap Plan
A Delaware bankruptcy judge on Monday sent GO Lab Inc.'s equity swap Chapter 11 plan to creditors for a vote after the wood fiber insulation maker said it had resolved all objections to the plan disclosure statement.
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April 21, 2025
Solar Co. Oya Gets OK On Ch. 11 Liquidation After Asset Sales
A Delaware bankruptcy judge on Monday confirmed solar energy producer Oya Renewables' bid to liquidate through Chapter 11 under a plan supported by creditors, months after the company sold most of its assets for $39 million.
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April 18, 2025
Gamestop CEO Can't Stop Bed Bath & Beyond Trading Suit
A Manhattan federal judge trimmed a $47 million lawsuit from the bankrupt retailer once known as Bed Bath & Beyond accusing GameStop's CEO of insider trading before the housewares giant went belly-up, but says "ample" public information would have told the businessman he had enough stock to be a corporate insider.
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April 18, 2025
23andMe Ch. 11 Sale Sparks DNA Privacy Oversight Battle
The bankrupt ancestry testing company 23andMe, more than two dozen state attorneys general, and the federal government agree on one thing: Privacy concerns over the sale of individual genetic profiles for the company's 15 million customers should be a top priority.
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April 18, 2025
Under the Radar: Bankruptcy News You May Have Missed
A Burger King franchisee went bankrupt after a dispute with the corporation; individuals suing Johnson & Johnson over talc liability tried to revive the pharmaceutical giant's Texas two-step bankruptcy; and supplement company Irwin Naturals lost control of its bankruptcy case.
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April 18, 2025
Heritage Coal Challenges Ex-Owner's Liens In Ch. 11 Offshoot
Bankrupt coal producer Heritage Coal & Natural Resources LLC has asked a Delaware bankruptcy judge to reject the asserted liens of the company's former owner and general manager, saying the debtor's equipment is already subject to liens of prepetition lenders.
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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.
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.