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Bankruptcy
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August 05, 2025
Trump Fires Most Of Puerto Rico Fiscal Oversight Board
The Financial Oversight and Management Board for Puerto Rico, a body managing the island's debt restructuring, announced Tuesday that President Donald Trump has terminated five of its seven members.
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August 05, 2025
SVB Directed To Object To Ch. 11 Claims In Standing Fight
The former parent company of Silicon Valley Bank and liquidators tasked with winding up its Cayman Islands branch locked horns on Tuesday over standing in a $294 million lawsuit, prompting a New York bankruptcy judge to request that SVB Financial object to claims as having been filed too late.
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August 05, 2025
2nd Circ. Nixes Madoff Feeder Fund Clawback Suits
About 300 clawback lawsuits filed by the liquidators of British Virgin Islands-based funds that invested in Bernard L. Madoff Investment Securities should be dismissed, a Second Circuit panel said on Tuesday, finding the deals were protected by the U.S. Bankruptcy Code's safe harbor for securities transactions.
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August 05, 2025
Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial
A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.
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August 05, 2025
Binance Founder Seeks Exit From FTX $1.76B Clawback Suit
Former Binance CEO Changpeng Zhao asked a Delaware bankruptcy judge to dismiss him from a clawback suit filed by the estate of bankrupt crypto exchange FTX seeking to recover $1.76 billion it says FTX illegally transferred before its collapse two years ago, saying the transaction was outside the court's jurisdiction.
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August 05, 2025
Law Firm, Ex-Client Want La. Malpractice Fight Moved To NJ
A doctor pursuing malpractice claims against New Jersey firm Porzio Bromberg & Newman PC in New Orleans federal court has agreed to take the fight up north, with the two sides filing a joint motion to transfer the venue to the District of New Jersey.
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August 04, 2025
Rite Aid Seeks $90M Clawback From McKesson
Rite Aid is seeking to claw back about $90 million it paid out to prescription drug supplier McKesson Corp. over the days and months leading up to the national pharmacy chain's Chapter 11 filing in May, arguing the payments were not made as part of the ordinary course of business.
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August 04, 2025
Imperial Tobacco Seeks US Approval Of CA$32B Restructuring
Imperial Tobacco Canada Ltd. asked a New York bankruptcy judge to recognize and enforce the company's Canadian restructuring plan that implements its role in a CA$32.5 billion ($23.59 billion) settlement of tobacco liability suits north of the border.
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August 04, 2025
SVB Says Caymanian Liquidators Can't Claw Back $294M
The former parent of the defunct Silicon Valley Bank Monday asked a New York bankruptcy judge to stop the liquidators of its Cayman Islands branch from clawing back $294 million in dividend payments, saying there is no precedent for giving them standing to sue.
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August 04, 2025
Oil Co., Tokio Marine Unit Settle $24M Bond Dispute
A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.
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August 04, 2025
Womble Bond Adds 20 Attys From Shuttering Nashville Firm
Womble Bond Dickinson announced Monday that it has strengthened its presence in Nashville, Tennessee, by bringing on 20 attorneys from boutique law firm Neal & Harwell PLC, which will cease operations Aug. 31.
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August 04, 2025
NYC Music Venue Operator Hits Ch. 11 After Project Delays
Avant Gardner, a New York City music venue owner, filed for Chapter 11 in Delaware on Monday, saying renovation and permitting troubles at the Brooklyn Mirage, its largest venue, stopped it from hosting events in the space for the 2025 season.
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August 01, 2025
Del. Bankruptcy Judge Will Retain Ga. Dorm Operator's Ch. 11
A Delaware bankruptcy judge refused to move the Chapter 11 bankruptcy of dorm operator Corvias Campus Living-USG LLC to Georgia, entering an order Friday denying a bid by the University System of Georgia's board of regents to relocate the proceedings.
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August 01, 2025
Highland Capital Asks Supreme Court To Clarify Ch. 11 Shields
Hedge fund Highland Capital Management has urged the U.S. Supreme Court to allow it to safeguard some of the key parties in its Chapter 11 bankruptcy from liability and review a Fifth Circuit decision that narrowed the bankruptcy court's "gatekeeping" powers to determine who can be sued.
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August 01, 2025
Long Island Castle Owner Files Ch. 11 To Stall Foreclosure
The owner of a century-old castle on Long Island's Gold Coast filed for Chapter 11 protection late Thursday in New York bankruptcy court, saying it wants to stop a foreclosure sale being forced by its mortgagee lender so the debtor can run a sale process of its own.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Rising Star: Paul Hastings' Lindsey Henrikson
Lindsey Henrikson of Paul Hastings LLP advised Colombian refinery Reficar in a high-stakes global restructuring that preserved a $1.3 billion arbitration award and secured equity in McDermott International, earning her a spot among the bankruptcy law practitioners under 40 honored by Law360 as Rising Stars.
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August 01, 2025
Fiber Internet Co. Everstream Cleared For $385M Ch. 11 Sale
A Texas bankruptcy judge signed off Friday on the going-concern sale of fiber network provider Everstream, which plans to use proceeds from the $384.6 million sale of its business to exit Chapter 11.
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August 01, 2025
4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11
The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.
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July 31, 2025
Capital One Says It Is Disputing FDIC Underpayment Claim
Capital One told investors on Thursday that the Federal Deposit Insurance Corp. is trying to make it pay a greater share of cleanup costs from the 2023 regional banking crisis after taking issue with its call reporting, an effort the bank said it is pushing back on. Â
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July 31, 2025
Casino Developer Must Stay In Involuntary Ch. 7, Judge Finds
A Delaware bankruptcy judge has refused to throw out or convert the involuntary Chapter 7 proceedings launched against the onetime hopeful developer of a casino in Mississippi, concluding the creditors that forced it into bankruptcy did not act in bad faith.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Sand Miners Hit Ch. 11, Blaming Order Lull, Lender Issues
Two companies that mine and process sand for fracking have filed for bankruptcy in Texas, one estimating it had at least $50 million in debt and the other estimating at least $100 million, and asked to undergo a joint Chapter 11 in response to a liquidity crunch and issues with their secured lender.
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July 31, 2025
Rising Star: Willkie's Stuart Lombardi
Stuart Lombardi of Willkie Farr & Gallagher LLP has worked for bankruptcy clients including families seeking defamation payouts in Alex Jones' insolvency and the representative of as-yet-unknown asbestos claimants in a talc producer's Chapter 11, earning him a spot among the bankruptcy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 31, 2025
Sunnova Cleared To Sell Assets To Lenders In Ch. 11
Solar panel business Sunnova Energy International Inc. secured a Texas bankruptcy judge's blessing Thursday to sell almost all of its assets to a group of lenders for about $118 million.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.