Mid Cap
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March 27, 2025
Meet The Attys Helping 23AndMe Through Ch. 11
DNA testing company 23andMe Holding Co. enlisted a group of attorneys from Carmody MacDonald PC and Paul Weiss Rifkind Wharton & Garrison LLP to help it address $214 million in debt as it tries to sell its business through Chapter 11.
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March 27, 2025
TreeSap Farms Gets Final OK For $51M Ch. 11 Loan
Landscape plant grower TreeSap Farms LLC received a Texas bankruptcy judge's approval to tap the final branch of its $51 million debtor-in-possession loan as it looks to sell itself in Chapter 11.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
23andMe Says Ch. 11 Privacy Ombudsman Not Required
DNA testing company 23andMe Inc.'s customer data will be protected in Chapter 11, its attorneys told a Missouri bankruptcy judge Wednesday as it argued that the appointment of a consumer privacy ombudsman is not required.
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March 26, 2025
Resort Developer Asks To Unwind Pre-Ch. 11 Equity Deal
California resort developer SilverRock Development Co. filed an adversary complaint in its Chapter 11 case Tuesday asking a Delaware court to unwind a pre-bankruptcy securitization transaction that converted preferred shares into secured debt.
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March 26, 2025
Mondee Defends Ch. 11 Sale To Stalking-Horse Bidder
Bankrupt travel app company Mondee Holdings Inc. on Wednesday defended its plan to sell its assets for about $200 million to its stalking-horse bidder, asking a Delaware judge to overrule a shareholder's objection that claimed the proposed sale runs afoul of bankruptcy rules.
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March 26, 2025
Judge To OK $3.3M DIP Draw In Wood Insulation Co.'s Ch. 11
A Delaware bankruptcy judge said Wednesday she will allow wood fiber insulation maker GO Lab Inc. to tap into a $10 million Chapter 11 bankruptcy financing facility provided by existing bondholders on an interim basis as the company seeks to restructure its balance sheet and give those bondholders nearly all equity.
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March 26, 2025
23AndMe's Ch. 11 Sale Hinges On Patchwork Of Privacy Laws
Bankrupt genetic testing company 23andMe wants to put its vast store of genetic data up for auction in order to repay creditors, but customer privacy concerns and a patchwork of state data protection laws could throw this plan into disarray.
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March 26, 2025
NY REIT Gets Ch. 11 Plan Confirmed After Deal With Creditors
A Delaware bankruptcy judge on Wednesday approved New York-based real estate investment trust JER Investors Trust Inc.'s Chapter 11 plan that calls for about $2.25 million in payments to general unsecured claim holders, following the company's report that it reached a consensus with noteholders that challenged the proposal.
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March 26, 2025
Office Snapshot: Butler Snow Trims Nashville Footprint
In response to changing operational needs, including a decreased need for physical storage and a greater need for collaborative spaces, Butler Snow LLP recently moved to a new office in Nashville's historic Germantown district that it said better fits its goals in the fast-growing city.
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March 26, 2025
Hybrid Engine Maker First Mode Gets Ch. 11 Plan Confirmed
First Mode Holdings, a company that makes hybrid engines for heavy-duty vehicles, received the Delaware bankruptcy court's approval Wednesday to move forward with its Chapter 11 plan, which calls for full recoveries for unsecured creditors.
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March 26, 2025
Justices Rule Ch. 7 Trustee Can't Recover Tax Payments
The U.S. Supreme Court on Wednesday reversed a Tenth Circuit decision allowing the bankruptcy trustee of a defunct Utah company to claw back $145,000 in federal taxes, saying the sections of the Bankruptcy Code relied upon by the trustee provide only a limited waiver of sovereign immunity.
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March 25, 2025
Aerospace Co. Creditor Must Say If It Will Bid Against Debt
The stalking horse bidder for the assets of bankrupt aerospace parts supplier Dynamic Aerostructures must inform the Delaware bankruptcy court by Thursday whether it intends to make a credit bid that includes $54 million of debt it currently holds against the company, after a judge found that a lack of clarity about the creditor's bid would affect other bidders.
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March 25, 2025
Apparel Biz Delta's Ch. 11 Converted To Ch. 7
A Delaware bankruptcy judge has granted a motion from the former owner of the Salt Life clothing and lifestyle business, Delta Apparel Inc., to transition its bankruptcy case from a Chapter 11 to a Chapter 7 liquidation, following the company's failure to secure enough funding to continue its reorganization proceedings.
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March 25, 2025
Catching Up With New Bankruptcy Case Action
23andMe Holding Co. entered Chapter 11 to sell its business and address $214 million in debt; Danimer Scientific Inc., which makes plastics alternatives, entered Chapter 11 to wind down while it tends to its roughly $450 million debt burden; and sneaker shop Soleply began a streamlined bankruptcy for small businesses in an effort to exit some lease obligations and restructure its debt.
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March 25, 2025
Pension Seeks To Opt Class Out Of Cutera Ch. 11 Releases
A pension fund heading up a class action against skin care technology group Cutera has urged a Texas bankruptcy court to find the shareholder has authority to opt all class members out of the company's Chapter 11 plan.
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March 25, 2025
Lowenstein Sandler Can Pursue NJ Dispensary Fraud Claims
Lowenstein Sandler LLP on Tuesday secured a ruling enabling the firm to pursue claims that a cannabis dispensary committed a "fraud on the court," with a New Jersey state judge rejecting the business' attempt to preclude those claims in the firm's $800,000 suit over unpaid legal fees.
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March 24, 2025
WB Fight Led Production Co. Behind 'The Matrix' To Ch. 11
Village Roadshow Entertainment Group, a funding and production company behind blockbusters like "The Matrix" and "The Great Gatsby," filed for bankruptcy last week after a soured partnership with Warner Bros. and an attempt to open its own studio fell flat.
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March 24, 2025
Purdue Files New Plan, Forever 21 Hits Ch. 11 For 2nd Time
Purdue Pharma proposed a new bankruptcy plan, under which the Sackler family and the company would pay a total of $7.4 billion to settle opioid-related claims. Meanwhile, Forever 21's U.S. arm filed for Chapter 11 protection in Delaware, securing court approval to close more than 300 stores and planning to exit bankruptcy by June. Plus, a Texas bankruptcy judge rejected an $8 million bid to purchase right-wing conspiracy theory peddler Alex Jones' Infowars, shutting down a request to reopen the asset sale process.
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March 24, 2025
Calif. Hotel Operator Given 1 Week Of Interim Ch. 11 Financing
The owner and operator of a hotel in Southern California received a Delaware bankruptcy court's permission for a week of Chapter 11 financing after the judge said he would not approve MOM CA Investco LLC's initial debtor-in-possession funding proposal.
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March 24, 2025
Danish Court Sends Fintech Into Bankruptcy
Fintech company Spark Technology A/S on Monday hit bankruptcy in the Bankruptcy Division of the Danish Maritime and Commercial Court after several months of being in hot water with the Danish Business Authority.
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March 24, 2025
ENGlobal Gets OK For Ch. 11 Asset Auction In April
A Texas bankruptcy judge on Monday gave bankrupt engineering firm ENGlobal Corp. permission to put itself on the block a month from now, saying a quick sale made the most sense for the company.
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March 24, 2025
Vertical Farming Co. Files Ch. 11 Amid Financing Struggles
Vertical farming venture Plenty Unlimited Inc. filed for Chapter 11 protection in Texas bankruptcy court with $100 million to $500 million of both assets and liabilities after struggling to raise fresh funds to support its money-losing business.
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March 24, 2025
DNA Testing Firm 23AndMe Files Ch. 11 With Plans To Sell
DNA testing company 23andMe Inc. filed for Chapter 11 protection in Missouri bankruptcy court, listing $214 million of debt and saying it plans to sell its business through the bankruptcy process.
Expert Analysis
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Lender Agreements And Unitranche Facilities: A Fresh Look
Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.
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What Banks Should Know About FDIC Assessment Rule
Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.
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Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Bankruptcy Must Be On The Table As A Student Loan Solution
Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Rockport Ch. 11 Highlights Global Settlement Considerations
A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.