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Bankruptcy

  • November 20, 2018

    Suniva Settles Creditor Dispute, Secures More DIP Funding

    Bankrupt solar cell maker Suniva Inc. received approvals from a Delaware bankruptcy judge Tuesday on the settlement of a production equipment dispute with prepetition lenders and for $3.4 million in additional debtor-in-possession financing in the company's Chapter 11 case.

  • November 19, 2018

    Court Paves Path For Bank-Fraud Probe In Jeweler's Ch. 11

    A Delaware bankruptcy judge on Monday authorized a court-appointed examiner in the Chapter 11 case of Samuels Jewelers to issue subpoenas for documents and interviews in order to investigate an alleged $2 billion Indian bank fraud and its potential connection to the bankruptcy case.

  • November 19, 2018

    Hollywood A-Listers Seek Contract Status In Weinstein Ch. 11

    A group of well-known actors and film directors filed a motion Friday in Delaware bankruptcy court seeking clarification of the status of various contracts with the buyer of the assets of film studio The Weinstein Co., saying they haven't been paid under the terms of the deals since March.

  • November 19, 2018

    Toys R Us Noteholders Reach Deal Over $900M Asia JV

    Toys R Us investors poised to buy an 85 percent stake in the toy giant's $900 million Asian business have reached an agreement with minority equity holder Fung Retailing Ltd., a China-based retailing arm of the Fung Group, putting to rest opposition over the purchase.

  • November 19, 2018

    Okla. Proton Treatment Center Asks For $400K In DIP Money

    An Oklahoma cancer treatment facility will seek permission Tuesday from a Delaware bankruptcy court judge to borrow up to $400,000 in post-petition financing to fund its Chapter 11 case pursuing a sale of its proton therapy facility by the end of December.

  • November 19, 2018

    Bankruptcy Watchdog Flags Rehab Co.’s 3rd-Party Releases

    The U.S. trustee's office filed an objection Monday to addiction treatment facility network EBH Topco’s joint Chapter 11 plan and disclosure statement, arguing it includes third-party releases and discharges not permitted under bankruptcy rules that render the plan unconfirmable.

  • November 19, 2018

    Sears Gets Go-Ahead For $90M Internal Debt Sale

    A New York bankruptcy court judge on Monday gave Sears permission to sell $900 million in internal debt after the retail giant and an objecting creditor said they had settled their differences about the proposal.

  • November 19, 2018

    EU Greenlights Buyout Of Bankrupt Essar Steel

    The European Commission has blessed the proposed buyout of bankrupt Essar Steel of India by steel giants ArcelorMittal SA and Nippon Steel & Sumitomo Metal Corporation, finding the three companies’ product ranges do not overlap much in Europe.

  • November 19, 2018

    NY Fights Weinstein Bid To Toss Remaining Assault Charges

    Prosecutors on Monday urged a New York state court not to dismiss sexual assault charges against Harvey Weinstein, saying the dismissal of one of the six counts does not affect the rest of the indictment against him.

  • November 19, 2018

    Air Charter Founder Launches New Retrial Bid In Fraud Case

    The co-founder of a defunct public air charter operator launched her second bid for a new trial in the government's case alleging she and others stole millions of dollars that passengers prepaid for flights, citing "exculpatory documents" that have materialized since she was convicted by a jury.

  • November 19, 2018

    David's Bridal Hits Ch. 11 In Delaware With $800M In Debt

    Bridal retail giant David's Bridal Inc. entered Chapter 11 in Delaware bankruptcy court on Monday with a proposed restructuring support agreement for a debt-for-equity swap in place, citing financial strain caused by its roughly $800 million in debt, most of which is set to mature in the next year.

  • November 19, 2018

    Bankrupt Aralez Can Pay Execs Up To $4M In Work Bonuses

    Aralez Pharmaceuticals Inc. received permission from a New York federal judge Monday to move forward with a work performance bonus program that could pay nine company executives up to nearly $4.1 million while the drugmaker is in bankruptcy, overcoming opposition from a committee of unsecured creditors.

  • November 19, 2018

    Trenk DiPasquale Wins Fees Bid, Must Defend Interest Rate

    A New Jersey state appeals court ruled Monday that Trenk DiPasquale Della Fera & Sodono PC was entitled to unpaid legal fees from a construction business for underlying litigation but not additional attorneys’ fees for the firm’s collection efforts, saying a trial court must reexamine the interest awarded on the outstanding bills.

  • November 16, 2018

    AFT Files Adversary Case In Puerto Rico Bankruptcy

    Two U.S. labor unions have hit Puerto Rico's government and its federally appointed oversight board with a lawsuit for failing to put the pension deposits for tens of thousands of public employees into proper accounts and instead “stashing” the money in non-interest bearing accounts at a scandal-plagued bank.

  • November 16, 2018

    Madoff Trustee Asks 2nd Circ. To Back Foreign Clawback Bids

    The trustee for Bernie Madoff’s fraudulent investment firm asked the Second Circuit on Friday to allow him to claw back Ponzi scheme proceeds transferred from foreign Madoff feeder funds, saying the efforts are a domestic application of U.S. law even if the money was sent overseas.

  • November 16, 2018

    Sears Seeks OK To Spend Up To $25M To Retain Key Workers

    Sears is asking a New York bankruptcy court for permission to pay up to $25 million in executive incentive and retention bonuses, saying it needs to keep key employees focused on steering the company through its Chapter 11.

  • November 16, 2018

    More Info Needed In $134M Westinghouse Ch. 11 Row

    A New York bankruptcy judge said Friday that Brookfield Business Partners LP and the legal professionals winding down Westinghouse Electric Co.'s Chapter 11 estate need to provide more information before he can rule on a disputed $134 million transferred to Brookfield when it bought the distressed contractor.

  • November 16, 2018

    Power Co.’s Bid To Shield Assets From Mass. Put On Hold

    A Delaware bankruptcy judge on Friday postponed action on Starion Energy Inc.’s attempt to bar Massachusetts from potentially retaining millions of dollars of its assets as the state pursues a consumer protection action against the company for alleged deceptive marketing practices.

  • November 16, 2018

    Mnuchin Cleared To Seek Funds From Relativity D&O Policy

    U.S. Treasury Secretary Steven Mnuchin should not be hindered by Relativity Media’s Chapter 11 case from seeking $207,000 in reimbursement from a directors and officers insurance policy maintained by the studio, a New York bankruptcy judge ruled Friday, saying the former company co-chairman appears covered by the policy.

  • November 16, 2018

    Unsecured Creditors Want One Aviation To Seek Ch. 11 Buyer

    A day after declaring bankrupt aircraft manufacturer One Aviation Corp.'s post-petition financing was insufficient to fund its Chapter 11 case and questioning the motivations of the lender, unsecured creditors are now asking the Delaware bankruptcy court to make the debtors seek a sale of the company's assets.

Expert Analysis

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 11th Circ. Changes Course On New Value Defense

    Paul Avron

    The Eleventh Circuit’s decision this month in Kaye v. Blue Bell Creameries confirms that the prior requirement that new value must remain unpaid is no longer the law in the circuit, wiping out a valuable tool for debtors, trustees and post-confirmation estate representatives for avoiding and recovering preferential transfers, says Paul Avron of Berger Singerman LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Del. Series LLC Changes Bring Clarity For Secured Lenders

    R. Jason Russell

    Delaware recently passed amendments to the Delaware Limited Liability Company Act that enable a new type of series of an LLC known as a “registered series.” The changes address historical uncertainty among secured lenders seeking to perfect a security interest, say R. Jason Russell and Sean Sullivan of Morris Nichols Arsht & Tunnell LLP.

  • Navigating Counsel Conflicts Of Interest In Bankruptcy

    Claire Wu

    A recent New York federal court ruling in the bankruptcy case of Relativity Media highlights the importance of disqualification of counsel disputes in bankruptcy matters. Attorneys must proceed with care when duties owed to both parties create a conflict of interest, says Claire Wu of SulmeyerKupetz PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.