Bankruptcy

  • March 04, 2025

    Rochester Diocese Ch. 11 Plan Heading For Creditor Vote

    A New York bankruptcy judge on Tuesday approved a second vote on a Chapter 11 plan for the Roman Catholic Diocese of Rochester, a decision that could see a resolution of the more than 5-year-old case by the end of July.

  • March 04, 2025

    Petersen Health Care Opposes Vendor's Ch. 11 Fee Demand

    Bankrupt skilled nursing facility operator Petersen Health Care told a Delaware bankruptcy judge Tuesday that a vendor seeking payment of its legal costs in pursuing a $163,000 administrative expense claim against the debtor should have the request slashed because the fees exceed the amount of the claim.

  • March 04, 2025

    3 Kasowitz Financial Litigators Leave BigLaw For NY Boutique

    Litigation boutique Pallas Partners LLP has brought on three New York-based litigators from Kasowitz Benson Torres LLP to strengthen its commercial and financial litigation capabilities on both sides of the Atlantic, the firm said Tuesday.

  • March 04, 2025

    Exela Units File For Ch. 11 With $1.3B Debt

    A Texas bankruptcy judge granted about 60 units of business process automation company Exela Technologies Inc. interim approval to access a $185 million lending facility to finance their Chapter 11 bankruptcy cases, in which the debtors hope to refinance their more than $1.3 billion of debt.

  • March 03, 2025

    Yellow Corp. Settles Pair Of WARN Suits In Del. For $12.3M

    Shuttered Yellow Corp.'s trucking company bankruptcy estate has agreed to settlements totaling $12.3 million with two former employee groups, which were reached before a Delaware judge's posttrial denial of Worker Adjustment and Retraining Act claims covering thousands of ex-company employees, according to recent court filings.

  • March 03, 2025

    US Trustee Opposes Confirmation Of CarePoint's Ch. 11 Plan

    The U.S. Trustee's Office on Monday joined a flurry of objections against the Chapter 11 plan of CarePoint Health Systems inc., saying the hospital owner has made it hard for the trustee to gauge the plan's potential.

  • March 03, 2025

    NC Hotel Developer Hits Ch. 11 After Defaulting On $17M Loan

    A North Carolina hotel developer embroiled in a $17 million lawsuit over a defaulted loan to build a Hyatt hotel near the Asheville airport filed for bankruptcy on Sunday, reporting assets and liabilities between $10 million and $50 million.

  • March 03, 2025

    Calif. BMO Worker Can Bank On Litigating 401(k) Suit In Ill.

    A proposed class action challenging BMO Financial Corp.'s alleged misuse of forfeited retirement contributions should be litigated in Illinois, where most of the bank's evidence and witnesses are located, a California federal judge said on Friday. 

  • March 03, 2025

    Life Science Consulting Firm Hits Ch. 11 With Sale Plans

    Azzur Group, which offers services for pharmaceutical developers, filed for bankruptcy in Delaware with at least $100 million in debt and plans to hold an auction backed by a $56 million stalking horse offer.

  • March 03, 2025

    High Court Declines Souvenir Store's TM Fraud Case

    The U.S. Supreme Court said Monday it will not consider a Florida souvenir store chain's challenge to a Second Circuit decision shutting down its case that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement. 

  • February 28, 2025

    J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial

    A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.

  • February 28, 2025

    Judge Refuses To Dismiss $500M Miss America Suit

    A Florida judge has denied the bulk of real estate developer Glenn Struab and two associates' attempt to escape a fraud and racketeering lawsuit that accuses them of conspiring to assert control and ownership of the company that runs the Miss America pageant and seeks $500 million in damages.

  • February 28, 2025

    Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.

  • February 28, 2025

    FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B

    A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.

  • February 28, 2025

    Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told

    UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.

  • February 28, 2025

    Carbon Project Investor C-Quest Hits Ch. 7

    Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.

  • February 27, 2025

    4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO

    Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights. 

  • February 27, 2025

    US Trustee, Creditors Blast GOL Linhas' Plan Disclosure

    GOL Linhas noteholders and the U.S. Trustee's Office are asking a New York bankruptcy judge to reject the Brazilian airline's Chapter 11 plan disclosures, saying they lack information on items ranging from claims releases to the company's post-bankruptcy equity value.

  • February 27, 2025

    Judge Axes NYC Loan Row, Sanctions Firm For Depositions

    A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.

  • February 27, 2025

    Judge Urges $15.5M Tax Judgment Against Ex-NFL Champ

    A federal magistrate judge recommended a default judgment against four-time Super Bowl champion Bill Romanowski and his wife for $15.5 million in taxes, saying in a report Thursday that the couple failed to respond to the underlying government complaint against them.

  • February 27, 2025

    Yellow Corp. Beats Teamsters In WARN Act Row

    A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.

  • February 27, 2025

    Jones Day Gets OK For $52M In NY Diocese Ch. 11 Fees

    A New York bankruptcy judge Thursday gave final approval to Jones Day's request for nearly $52 million in compensation for shepherding Long Island's Roman Catholic diocese through its Chapter 11 case, overruling arguments it spent too much time objecting to claims.

  • February 26, 2025

    Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud

    The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.

  • February 26, 2025

    Joann To Wind Down Operations After Judge Approves Plan

    A Delaware bankruptcy judge on Wednesday approved renowned fabric and crafts retailer Joann Inc. to wind down its operations after a "global consensus" was reached among the debtor, lender and creditors committee, allowing the 80-year-old chain to hold going-out-of-business sales.

  • February 26, 2025

    Party City Approved To Sell IP, Assets For $20.6M In Ch. 11

    A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.

Expert Analysis

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Considerations For Cooperation Contracts In Loan Trades

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    Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • 9th Circ. Clarifies ERISA Preemption For Healthcare Industry

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    The Ninth Circuit's recent ruling in Bristol SL Holdings v. Cigna notably clarifies the broad scope of the Employee Retirement Income Security Act's preemption of certain state law causes of action, standing to benefit payors and health plan administrators, say attorneys at Troutman Pepper.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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