Mid Cap
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March 11, 2025
Judge Questions Authority To Pay Giuliani's Ch. 11 Bill
A New York bankruptcy judge questioned Tuesday whether he could order former New York City Mayor Rudy Giuliani to sell off real estate to cover claims against his Chapter 11 estate, saying an order dismissing his bankruptcy case included assumptions that didn't come to fruition.
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March 11, 2025
Vt. Diocese Creditors Balk At Paying Accused Priests In Ch. 11
Unsecured creditors of the bankrupt Roman Catholic Diocese of Burlington on Tuesday objected to the debtor continuing to pay pension benefits to retired priests accused of abusing children, saying the diocese's own investigation found the allegations against the two priests were credible.
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March 11, 2025
Chester, Pa., Water Authority Seeks Stay Of Ch. 9 Docs Order
The Chester Water Authority has asked a Pennsylvania bankruptcy court for a stay pending appeal of an order to produce documents to the bankrupt City of Chester, which seeks to sell off the utility's assets, saying the order was unconstitutional.
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March 11, 2025
BurgerFi Gets Ok For Ch. 11 Plan Over IRS Objections
A Delaware bankruptcy judge on Tuesday confirmed the disclosure statement and Chapter 11 reorganization plan for bankrupt restaurant operator BurgerFi International Inc., overruling an objection from the U.S. government on behalf of the Internal Revenue Service regarding tax claims on certain interest fees.
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March 11, 2025
Fannie Mae Says Complex Filed Ch. 11 To Duck $73M Loan
Fannie Mae told a federal court Monday that a Houston apartment complex's Chapter 11 filing was a "tactic" to avoid its obligation to repay a $73 million loan.
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March 11, 2025
Dykema Doubles Houston Roster With 7 New Atty Hires
Dykema Gossett PLLC has expanded in Houston with the addition of seven attorneys, five of whom joined from Kane Russell Coleman Logan PC and two who came aboard from Hirsch & Westheimer PC.
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March 11, 2025
Texas Construction Co. Gets Ch. 11 Trustee After Fraud Probe
A Texas bankruptcy judge on Tuesday signed off on a request to appoint a Chapter 11 trustee to take over the bankruptcy case of Timeline Construction Inc., after the U.S. Trustee's Office said the debtor's sole member appears to have committed fraud, including allegedly providing false financial information to creditors.
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March 11, 2025
Container Store Judge To Issue Ruling On Opt-Out Dispute
A Texas bankruptcy judge said Tuesday he will issue a written opinion on whether the U.S. Trustee's Office can put The Container Store's Chapter 11 plan on hold to appeal the judge's decision that a creditor's failure to opt out of the plan's third-party releases constitutes consent to those releases.
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March 10, 2025
White Forest Committee Calls Ch. 11 Loans Insider Deal
The official committee of unsecured creditors in the Chapter 11 case of coal producer White Forest Resources Inc. objected to the debtor's proposed bankruptcy financing package, saying it is an insider transaction that puts liens on previously unencumbered assets that would no longer be available for unsecured creditor recovery.
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March 10, 2025
Insurer Says CarePoint's Ch. 11 Plan 'Fatally Flawed'
An insurer has asked a Delaware bankruptcy judge to reject CarePoint Health Systems' Chapter 11 plan, saying it is designed to unfairly benefit the debtor's landlord with liability releases.
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March 10, 2025
Judge Romance Row Remanded, Ch. 11 Plans Approved
A Texas federal judge sent part of a dispute over a former bankruptcy judge's secret romance with a onetime Jackson Walker partner back to the court where the disgraced jurist once oversaw high-profile insolvencies, ordering the CEO of a defunct barge operator to seek standing in Texas bankruptcy court.
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March 10, 2025
Fulcrum Gets OK For Ch. 11 Plan Disclosure
A Delaware bankruptcy judge has approved trash-to-gas fuel refiner Fulcrum BioEnergy Inc.'s Chapter 11 plan disclosure statement, which would grant the company's unsecured creditors up to $325 million, ahead of a brief hearing Monday after parties in the case reached a consensus on contentious issues, such as claims against directors and officers.
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March 10, 2025
PierFerd Hires 2 Ex-CM Law Bankruptcy Partners
Manhattan-based Pierson Ferdinand LLP announced Monday the hiring of two former partners at CM Law PLLC for its bankruptcy, financial restructuring and reorganization practice.
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March 10, 2025
Loeb & Loeb Adds 5-Atty Litigation Team From Kasowitz In NY
Loeb & Loeb LLP has expanded its litigation offerings in New York with the addition of five attorneys from Kasowitz Benson Torres LLP, including the leaders of the firm's software litigation and real estate litigation practices.
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March 10, 2025
Meet The Attys Advising Skin Care Tech Co. Cutera In Ch. 11
Cutera Inc., a skin care and beauty technology company, has hired lawyers from Hunton Andrews Kurth LLP and Ropes & Gray LLP to help it address unsustainable debt through a pre-packaged debt-swap Chapter 11 plan.
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March 10, 2025
Pot Shop Receiver Says Brand Licensor Diverted Product
A receiver overseeing the possible sale or liquidation of a Massachusetts cannabis retailer asked a judge to order the return of more than 900 packages of product taken from its cultivation facility days before the receivership began.
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March 10, 2025
Vehicle Trucking Co. Plans Ch. 7 Liquidation With $100M Debt
Jack Cooper Transport Co., a trucking firm that specializes in transporting vehicles, has launched a Chapter 7 case in Delaware bankruptcy court, listing at least $100 million in debt.
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March 10, 2025
Addleshaw Wins Bankruptcy Order Against Former LC&F Boss
Addleshaw Goddard has obtained a bankruptcy order against a former boss of London Capital & Finance after a court ruled he defrauded investors out of £237 million ($306 million) by running the investment company like a Ponzi scheme.
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March 07, 2025
Under The Radar: Bankruptcy News You May Have Missed
The U.S. Trustee's Office opposed Yellow Corp.'s Chapter 11 plan, saying its exculpation provisions cover ineligible people and entities. Bernie Madoff's liquidation trustee has begun doling out another $76 million to claimants. And clothing retailer Delta Apparel made a bid to pivot to a wind-down in its bankruptcy that was opposed by tax claimants in Texas.
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March 07, 2025
Trucking Co. Liquidation Hearing Delayed Amid Sale Debate
A hearing for bankrupt trucking company KAL Freight to determine whether to convert the case to a Chapter 7 liquidation was pushed back to next week as the debtor tried to finalize a Chapter 11 asset sale.
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March 07, 2025
Cardi B Strikes Deal In YouTuber's Subchapter V
YouTuber Tasha K is set to wrap up her Subchapter V case while still on the hook for a $3.8 million defamation judgment in favor of rapper Cardi B, following a hard-fought plan process that will leave a "sword of Damocles" over Tasha K until the judgment is fully paid, the musician's counsel told Law360 Friday.
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March 07, 2025
Nikola's Ch. 11 Sale Timeline Gets Court Approval
Bankrupt electric vehicle and hydrogen fueling technology maker Nikola Corporation received approval Friday in Delaware for its proposed bidding procedures, which seek to conduct an auction for its asset in a month's time.
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March 07, 2025
Dispensary Fights Lowenstein Sandler's Bid To Merge Suits
A cannabis dispensary has urged a New Jersey state court to reject Lowenstein Sandler LLP's bid to consolidate its malpractice suit against the firm and the firm's unpaid legal fee suit against the business, saying combining the cases would "reward Lowenstein's blatant litigation tactics."
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March 06, 2025
How A Mansion That Housed A Fashion Icon Landed In Ch. 11
Ornately carved walls are closing in around Peggy Nestor, whose 18,000-square-foot Beaux Arts mansion in New York City — which once housed the studio of Oleg Cassini, fashion designer to style icons Grace Kelly and Jacqueline Kennedy Onassis — is up for sale by the Chapter 11 trustee overseeing her bankruptcy.
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March 06, 2025
High Court Urged To Toss $22M SEC Disgorgement Order
An investment advisory firm has asked the U.S. Supreme Court to review a First Circuit ruling that upheld an order for the firm to pay $22 million in disgorgement to the U.S. Securities and Exchange Commission, arguing that courts cannot impose disgorgement when investors have not suffered any financial harm.
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.