Bankruptcy

  • April 20, 2018

    Key Safety Not Covered For Interest In AIG Dispute: 6th Circ.

    Key Safety Systems Inc., which recently purchased Takata Corp.’s assets at a bankruptcy auction, cannot force an AIG unit to pay nearly $600,000 in post-judgment interest racked up in an underlying suit over a car crash, the Sixth Circuit affirmed on Friday.

  • April 19, 2018

    Puerto Rico Fed Board Approves Pension-Cutting Fiscal Plan

    The federal panel empowered to restructure Puerto Rico's debts and shore up its finances certified six-year fiscal plans for the island on Thursday, bucking the resistance by the territory’s government to pension reform and other austerity measures in an effort to fix the island’s debt crisis and instill investor confidence.

  • April 19, 2018

    Lehman Judge Fumes At RMBS Trusts' Distribution Moves

    Trustees for investors who bought toxic residential mortgage-backed securities from Lehman Brothers Holdings Inc. before the 2008 financial crisis got an earful Thursday from a New York bankruptcy judge who fumed that their concerns over how to distribute funds from a $2.4 billion settlement could have been raised months ago.

  • April 19, 2018

    Envelope Maker's 3rd-Party Releases Draw Ch. 11 Trustee's Ire

    The U.S. Trustee’s Office objected in New York bankruptcy court Wednesday to envelope maker Cenveo Inc.’s Chapter 11 plan disclosure statement, saying its “overbroad” third-party liability releases bind creditors that cannot or do not vote for the plan.

  • April 19, 2018

    Barnes & Thornburg Nabs 3 Restructuring Attys From Cooley

    Barnes & Thornburg LLP announced it has picked up two new partners and an associate from Cooley LLP, bolstering the firm’s finance, insolvency and restructuring department in its newly opened San Diego office, as well as its Los Angeles office.

  • April 19, 2018

    Weinstein Co. Says Dozens Of Buyers Have Shown Interest

    Bankrupt movie studio The Weinstein Co. told a Delaware judge Thursday that since its auction plan received court approval this month it has received more than 50 expressions of interest from potential buyers for its assets.

  • April 19, 2018

    NextEra Fights To Keep $275M Termination Fee At 3rd Circ.

    NextEra Inc. urged the Third Circuit on Thursday to reinstate a $275 million termination fee it won after its deal to buy assets from Dallas-based Energy Future Holdings Inc.’s Chapter 11 estate fell through, arguing that there was no manifest error plaguing the award that warranted its later reversal.

  • April 19, 2018

    1st Circ. Upholds $2.7M Payment From Bankrupt Railroad

    Despite not being sold on their reasoning, the First Circuit on Wednesday upheld two lower court rulings that found the Federal Railroad Administration had properly distributed $2.7 million from a bankrupt freight railroad to an Ohio-based railway company that had furnished the troubled carrier a line of credit.

  • April 18, 2018

    Mediation Progress Pushes Zohar Dismissal Trial One Week

    Attorneys for bankrupt investment vehicles the Zohar Funds told a Delaware judge Wednesday afternoon that their efforts to mediate issues in the cases had progressed far enough that the parties were comfortable adjourning a motion to dismiss the Chapter 11 filings until next week to allow for further talks.

  • April 18, 2018

    Bon-Ton's Ch. 11 Liquidation Sale Approved By Del. Court

    Bankrupt retailer Bon-Ton Stores Inc. received court approval Wednesday in Delaware for a transaction that will see all of its 256 store locations liquidated in the coming months after failing to receive a going-concern offer that satisfied the court.

  • April 18, 2018

    Trustee Slams Patriot National Ch. 11 Plan On Ghost Releases

    The U.S. Trustee’s Office objected Wednesday to the latest version of insurance company servicer Patriot National Inc.’s Chapter 11 plan, saying it contains unjustified legal releases and goes too far in blocking late claims.

  • April 18, 2018

    'Hotel Mumbai' Producer Sues Weinstein Co. To Nix Contract

    An Australian film production company Monday asked the Delaware bankruptcy court to cancel a distribution deal The Weinstein Co. has listed as an asset in its Chapter 11 case, saying it was fraudulently induced into a deal that has been effectively dead for months.

  • April 18, 2018

    No Quick End To Relativity Co-Founder Fraud Claims: Judge

    A New York bankruptcy judge is refusing for now to shut down fraud claims against Relativity Media LLC co-founder Ryan Kavanaugh, demanding briefing Wednesday on whether a litigation release that applies to board members also applies to the plaintiff — who was indeed a board member — when he's wearing another hat.

  • April 18, 2018

    ATP Vendors' Mineral Liens Void, 5th Circ. Says

    The Fifth Circuit on Tuesday rejected an attempt by creditors of bankrupt ATP Oil and Gas Corp. to collect on liens from the current owner of ATP’s offshore royalty rights, saying that while state law allowed the liens, it also contained a provision shielding the new owner.

  • April 18, 2018

    High Court Not Sure Restitution Law Covers GE's Legal Fees

    The federal government faced headwinds at the U.S. Supreme Court on Wednesday while defending a roughly $16 million restitution order against a former trucking company CEO who defrauded General Electric Capital Corp., as various justices voiced skepticism that the CEO should have to pay GE's pricey legal fees under a federal victim's restitution law.

  • April 17, 2018

    High Court Weighs Issue Of Fraud In Discharging Debts

    The U.S. Supreme Court tackled thorny questions Tuesday over exemptions to a debtor’s ability to discharge liabilities in bankruptcy, as counsel for an Atlanta law firm duped by an insolvent client urged the justices to follow a “baseline rule” that “a debt procured by fraud is not dischargable.”

  • April 17, 2018

    Rent-A-Wreck Head Demands Co. Pay His Ch. 11 Legal Fees

    The founder of car rental business Rent-A-Wreck of America Inc. demanded Tuesday in Delaware bankruptcy court that the company face sanctions for bringing a Chapter 11 case in bad faith in an apparent attempt to wrest control of his Los Angeles franchise.

  • April 17, 2018

    Texas Grid Regulator Immune From Panda’s Suit Over Ch. 11

    Bankrupt power plant owner Panda Power Funds can’t move forward with a lawsuit blaming power grid operator the Electric Reliability Council of Texas for releasing allegedly misleading information about the state’s power needs, a Texas appeals court held Monday.

  • April 17, 2018

    Bertucci's Gets Approval On $750K Interim DIP

    Bankrupt Italian restaurant chain Bertucci’s received interim approval Tuesday in Delaware to tap into a $750,000 portion of its $4 million debtor-in-possession financing package being provided by the stalking horse bidder seeking to buy its assets through the Chapter 11 process.

  • April 17, 2018

    2nd Circ. Cool On Saving Funds’ Suit Against DLA Piper

    A panel of three judges considering a request by two Cayman investment funds to revive their dismissed suit against DLA Piper over its alleged role in helping a fund director misappropriate $36 million put tough questions to the funds on Tuesday about what, exactly, the lower courts did wrong.

Expert Analysis

  • The Meaninglessness Of 'Disinterested'

    Richard Roth

    The Black Elk bankruptcy — related to the criminal indictment and upcoming trial of seven former Platinum Partners and Black Elk executives — involved a claimed disinterestedness that seems to indicate that the Bankruptcy Code’s disinterested requirement is something seasoned counsel can work around, says Richard Roth, a corporate and securities attorney.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Lessons On Atty Fee Recovery In Stay Violation Litigation

    Jeremy Retherford

    Through its recent opinion in Mantiply v. Horne, the Eleventh Circuit joins the Ninth and Fifth Circuits in finding that legal fees incurred by a debtor beyond those necessary to stop a stay violation may be recovered, bringing a number of takeaways for both creditor and debtor lawyers, say Jeremy Retherford and Jonathan Grayson of Balch & Bingham LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • Series

    My Supreme Court Debut: Just Me And My Flash Cards

    Matthew McGill

    I had not expected to be in the U.S. Supreme Court on March 22, 2016. To me, our opponent's petition seemed quite like a long shot. But clearly I had underestimated the appeal of their argument, says Matthew McGill of Gibson Dunn & Crutcher LLP.

  • 3rd Circ. Confirms Limits Of The Rooker-Feldman Doctrine

    Steven Wilamowsky

    The Third Circuit's recent decision in Philadelphia Entertainment & Development Partners limited the reach of the Rooker-Feldman doctrine as a defense to bankruptcy avoidance actions. The court’s reasoning, however, has implications that go beyond bankruptcy, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.