Bankruptcy

  • February 12, 2024

    Aerospace Supplier Can Kick Gulfstream Supply Deal

    A Texas bankruptcy court has said bankrupt supply-chain management company Incora can ditch its contract to buy aerospace parts on behalf of Gulfstream Aerospace Corp., which would repurchase them for fixed prices.

  • February 12, 2024

    Rite Aid Seeks To Extend Ch. 11 Exclusivity To Late April

    Drugstore chain Rite Aid has urged a New Jersey bankruptcy judge to extend its Chapter 11 exclusivity period "out of an abundance of caution," explaining that although the company already filed its plan and disclosure statement, an extension would allow constructive mediation between parties.

  • February 12, 2024

    Katten Says It Can't Be Forced To Stay In Madoff Suit

    Katten Muchin Rosenman LLP told a New York bankruptcy judge that the difficulties the trustee for Bernard L. Madoff Investment Securities may have in a suit to claw back $2 billion in transfers do not justify keeping the firm on the case for years with no prospect of pay.

  • February 12, 2024

    Oil Driller Accused Of Using Creditor Assets For Ch. 11

    A group of claimants in a Texas-based oil driller's Chapter 11 case recently asked a bankruptcy judge to reject the debtor's proposal for reorganization, alleging the plan would unlawfully use their property interests to pay off the company's debts and administrative costs.

  • February 12, 2024

    FTX Says User Agreements Don't Sink $157M Clawback

    A lawsuit to recoup cryptocurrency withdrawn from defunct trading platform FTX Trading Ltd. in the run-up to its Chapter 11 bankruptcy shouldn't be tossed, FTX told a Delaware bankruptcy court, saying the court can't determine who owned the $157.3 million of digital assets held in customer accounts at the motion to dismiss stage.

  • February 12, 2024

    Energy Drink Co.'s Ch. 11 Stayed As Ex-CEO Seeks Tax Docs

    A Florida bankruptcy judge has stayed the Chapter 11 case of the company that makes Bang energy drinks while its founder and former CEO waits for the Internal Revenue Service to provide tax documents linked to a PepsiCo transaction that were previously denied from him by the court.

  • February 12, 2024

    Genesis Hit With Objections To $1.6B In Grayscale Trust Sales

    Cryptocurrency lender Genesis Global is facing opposition to its effort to sell about $1.6 billion worth of shares in Grayscale Investments trusts to raise money for its Chapter 11 estate, with Grayscale and Genesis' parent company lodging objections to the proposed transactions in New York bankruptcy court.

  • February 09, 2024

    SafeMoon CEO Finally Gets Bail In $300M Crypto Fraud Case

    A New York federal judge on Friday agreed to let the CEO of bankrupt cryptocurrency asset company SafeMoon out on bail, after a monthslong, multijurisdictional tug of war over fears he would flee rather than face trial over accusations that he bilked investors out of $300 million.

  • February 09, 2024

    San Francisco Diocese Asks For More Time On Ch. 11 Plan

    The Roman Catholic Archdiocese of San Francisco has asked a California bankruptcy judge for three more months to file a Chapter 11 plan, saying it is following the blueprint of other diocesan bankruptcies in pursuing mediation with childhood sexual abuse claimants to get to a consensual plan, and that it needs more time to work toward that goal.

  • February 09, 2024

    Kwok Trustee's Clawback Blitz Targets Fox, Steve Bannon

    The Chapter 11 trustee overseeing Chinese exile Ho Wan Kwok's bankruptcy on Friday filed about two dozen clawback actions against several entities seeking avoidance and recovery of allegedly fraudulent prepetition and post-petition transfers, with high profile targets that include Fox News and Steve Bannon's Bannon Strategic Advisors.

  • February 09, 2024

    Green Construction Co. Gets Ch. 15 Nod For Canadian Case

    Canadian construction materials maker Nexii Building Solutions Inc. received Chapter 15 recognition of its foreign reorganization proceedings from a Delaware bankruptcy judge Friday as it looks to sell its assets and pay down debt under the supervision of a Canadian court.

  • February 09, 2024

    NJ Won't Restrict Ch. 11 Cases To Certain Judges, Group Told

    A creditors advocacy group concerned about "judge-shopping" in major bankruptcy cases has said the chief judge of New Jersey's increasingly popular bankruptcy court has assured the group he will not limit such cases to particular jurists.

  • February 09, 2024

    Humanigen Creditors Say DIP Loan Ties Up Too Many Assets

    The official committee of unsecured creditors in the Chapter 11 case of Humanigen Inc. objected to the final approval of the company's debtor-in-possession loan, saying while the financing provides $2 million of new money, the lenders seek to put liens on all of the debtor's assets. 

  • February 09, 2024

    Audacy Floats Two Ch. 11 Sales That Could Net Debtor $21.6M

    Bankrupt radio station operator Audacy Inc. wants to sell two pieces of real estate near Boston for as much as $21.6 million to raise funds for its estate in Chapter 11, asking a Texas judge to approve the deals so that it can close on them by early March.

  • February 09, 2024

    NH Wood-Fired Power Plant Hits Ch. 11 With $173M Of Debt

    A biofuel-powered generation plant in New Hampshire filed for Chapter 11 protection Friday in Delaware after a dispute with the purchaser of its power cut off significant revenue flows, leaving it unable to service about $173 million in secured debt.

  • February 09, 2024

    Bally Sports Waiting On OK For Deal On 2024 MLB Season

    A Texas bankruptcy judge Friday told the owner of Bally Sports Network it can modify its broadcast deals with three Major League Baseball teams, but held off approving a resolution to its remaining disputes with MLB to give unsecured creditors time for a look at the deal.

  • February 09, 2024

    Boy Scouts' Abuse Victims Ask Justices To Halt Ch. 11 Plan

    Childhood sexual abuse survivors on Friday asked the U.S. Supreme Court to halt the Boy Scouts' bankruptcy plan and its fast-approaching claims deadline because they would be forced to waive liability for third parties, saying the high court is considering the same issue in the Purdue Pharma appeal.

  • February 09, 2024

    CORRECTED: 11th Circ. Says Guilty Plea Sinks Appeal In Investment Fraud Case

    The Eleventh Circuit declined to take up the appeal of a man who pled guilty to wire fraud after being accused of stealing investment funds from a wealthy widow, ruling that his plea was unconditional. Correction: A previous version of this story misidentified the defendant and had an incorrect case number and counsel information. The errors have been corrected.

  • February 09, 2024

    NY AG Seeks $2B More From Genesis Parent Co. In Fraud Suit

    New York's attorney general filed an expanded complaint Friday accusing Digital Currency Group and other cryptocurrency companies of defrauding customers out of more than $3 billion, shortly after reaching a settlement with its subsidiary Genesis Global Capital in its bankruptcy case.

  • February 08, 2024

    5th Circ. Skeptical Of Gatekeeper Clause In Highland Ch. 11

    A Fifth Circuit panel on Thursday appeared to balk at a provision in financially troubled investment firm Highland Capital Management LP's reorganization plan that requires court approval for parties to bring claims against the estate, suggesting the measure was an unnecessarily blunt instrument to prevent frivolous litigation.

  • February 08, 2024

    First Citizens Says HSBC Execs OK'd SVB Poaching Plan

    First Citizens Bank has beefed up allegations that HSBC Holdings stole confidential information and poached employees from the failed Silicon Valley Bank, filing an amended complaint Wednesday in California federal court, claiming HSBC's top executives and chief legal officer knew of the alleged poaching conspiracy.

  • February 08, 2024

    Ex-BigLaw Atty Tells Jury LaPierre Didn't Control NRA Board

    A former BigLaw partner was the latest National Rifle Association board member to testify in defense of the gun rights group at the New York attorney general's fraud trial, telling jurors Thursday that it's "just not true" that longtime CEO Wayne LaPierre had full power over NRA decisionmaking.

  • February 08, 2024

    AgileThought Gets Initial OK For Rolling Ch. 11 Dismissals

    Technology firm AgileThought Inc. can dismiss 19 of 32 consolidated Chapter 11 cases, a Delaware bankruptcy judge ruled Thursday, adding that she wanted to make sure all administrative creditors had some form of notice before she signed off on a process for future dismissals.

  • February 08, 2024

    Trustee Balks At Retroactive Atty Hire In Infowars Ch. 11 Case

    The Office of the U.S. Trustee opposed a retroactive retention of a law firm for the bankruptcy trustee in the Chapter 11 case of Alex Jones' Infowars radio show production company, saying there is no justification for failing to file a retention application for more than a year.

  • February 08, 2024

    Canadian News Co.'s US Entities Lose Ch. 15 Recognition Bid

    Three Chapter 15 debtors that publish local newspapers in Hawaii and Washington failed to receive Chapter 15 recognition Thursday, after a Delaware bankruptcy judge found they have strong ties to the U.S. and virtually no meaningful connection to their Canadian parent company.

Expert Analysis

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    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.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    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.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    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.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Crypto Has Democratized Trading In Bankruptcy Claims

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    Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 5 Key Tips For Attorneys In The Subchapter V Arena

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    Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Why The Debt Maturity Wall Is Still A Figment, For Now

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    While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.

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