Large Cap

  • September 03, 2024

    Steward Gets Hospital Deal; Pause Urged For Judge Shop Ban

    Steward Health Care reached a tentative deal to keep most of its hospitals operating, Jackson Walker LLP and the U.S. Trustee's Office traded blows at a hearing over deposition disputes, and a group of asbestos claimants urged the Fourth Circuit to toss Bestwall's bankruptcy, alleging the Georgia-Pacific unit isn't actually facing financial distress.

  • September 03, 2024

    Diamond Sports Gets OK For NBA, NHL, Ch. 11 Lender Deals

    A Texas bankruptcy judge Tuesday approved a revised Chapter 11 financing deal and new NBA and NHL broadcast deals for Bally Sports Network's parent company.

  • September 03, 2024

    Chapter 11 Check-In: FTX's $13B Bankruptcy

    Almost two years after FTX entered bankruptcy in November 2022, the defunct cryptocurrency exchange is working toward securing confirmation of a Chapter 11 plan that would make swindled customers whole. It has also fought off a bid to disqualify its Sullivan & Cromwell legal team on the grounds that the law firm was conflicted by its prepetition representation of the company.

  • September 03, 2024

    Steward Seeks OK On $42M From Mass. To Support Hospitals

    Bankrupt hospital operator Steward Health Care has asked a Texas bankruptcy judge to let the Commonwealth of Massachusetts pay $42 million to fund the operation of six hospitals in the Bay State that the debtor hopes to sell by the end of the month.

  • September 03, 2024

    US Trustee Fights Education Co. 2U's Ch. 11 Plan, Disclosure

    The U.S. Trustee's Office has urged a New York bankruptcy judge to reject remote learning company 2U's Chapter 11 plan and proposed disclosure, saying the plan contained impermissible releases and that the disclosure didn't offer adequate information.

  • September 03, 2024

    Former Partner Of Bankrupt NC Firm Settles With Trustee

    A former member of bankrupt North Carolina-based real estate law firm Washburn Law PLLC, which is being investigated by the FBI for millions of dollars in pilfered client money, has reached a settlement agreement with a court-appointed bankruptcy trustee.

  • September 03, 2024

    Home Solar Panel Co. Lumio Hits Ch. 11 To Sell Assets

    Residential solar panel provider Lumio Holdings filed for Chapter 11 protection in Delaware on Tuesday, with up to $500 million in debt and a plan to sell all of its assets to its major lender.

  • August 30, 2024

    Vyaire Medical Gets OK For $90M Sale Of Business Units

    A Delaware bankruptcy judge Friday approved the $90.5 million sale of ventilator maker Vyaire Medical's businesses, overriding creditor arguments that a deal with lenders apportioning the sale proceeds would leave Vyaire too little cash to get to the end of its Chapter 11 case.

  • August 30, 2024

    Chapter 11 Check In: WeWork Trims $4B Debt Load

    Coworking space provider WeWork exited bankruptcy in May after getting approval for a Chapter 11 plan that erases $4 billion in debt, overcoming opposition from landlords, unsecured creditors and its own founder. The company emerged as a leaner business with fewer office locations and lower rent payments. 

  • August 30, 2024

    5th Circ. Rejects SEC Whistleblower Award Calculation Appeal

    The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.

  • August 30, 2024

    Steward Says It Has Deal To Avert Some Hospital Closures

    Bankrupt hospital operator Steward Health Care System has a tentative agreement that would eliminate over $6 billion of claims against it, keep the majority of its 31 hospitals operating while saving three from potential closure and set it on a path to confirm a Chapter 11 plan, attorneys told a Texas bankruptcy judge Friday.

  • August 30, 2024

    FTX Exec Drops Bid To Undo Plea Amid Partner's Indictment

    Former FTX executive Ryan Salame is no longer seeking to vacate his guilty plea that he says Manhattan federal prosecutors induced with a false promise to halt a campaign finance probe into his partner Michelle Bond, though his claims that they broke their word will still be litigated before two different judges.

  • August 29, 2024

    'You Don't Need To Be Obnoxious': Ch. 11 Hearing Gets Rowdy

    A California bankruptcy judge on Thursday slammed an attorney for what he called her "obnoxious" courtroom behavior, while the lawyer argued that a proposed liquidation plan for a defunct law firm could enrich the professionals managing the case and leave little for claimants.

  • August 29, 2024

    Lannett Says Areva Reneged On Cancer-Drug Deal After Ch. 11

    Lannett Pharmaceuticals hit generic-drug maker Areva Pharmaceuticals with a contract suit in Delaware's Court of Chancery on Thursday, accusing Areva of breaching their 2022 agreement that gave Lannett exclusive rights to distribute Areva's injectable anticancer drug after Lannett emerged from a prepackaged Chapter 11 bankruptcy.

  • August 29, 2024

    Judiciary Group Urged To Table 'Mega' Bankruptcy Panel Ban

    A subcommittee urged the Judicial Conference's bankruptcy rule advisory committee to hold off on considering a ban on so-called mega bankruptcy panels at an upcoming meeting, saying a different committee's work overlaps with a rule proposed to curb the controversial practice.

  • August 29, 2024

    Apple, Meta Appeal Guo Judge's 2nd Clawback Extension

    Apple and Meta are appealing a Connecticut bankruptcy judge's order giving the Chapter 11 trustee overseeing the estate of Miles Guo an additional six months to file suits to claw back payments made by the exiled Chinese billionaire before his bankruptcy.

  • August 29, 2024

    3 Companies That Could Restructure In The 2nd Half Of 2024

    With elevated borrowing rates and other macroeconomic headwinds lingering, struggling companies could end up resorting to drastic measures to deal with big debt burdens in the second half of 2024, including refinancings, liability management transactions or even bankruptcy.

  • August 29, 2024

    Judge Won't Freeze Rite Aid Ch. 11 Plan For Maryland Appeal

    National pharmacy chain Rite Aid is set to exit Chapter 11 after a New Jersey bankruptcy judge Thursday found the state of Maryland missed the mark in its attempt to pause a reorganization plan from taking effect as it appeals the court's confirmation and final debtor-in-possession orders.

  • August 29, 2024

    SunPower Eyes Sept. Auction As IP Objection Nixed For Now

    A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.

  • August 29, 2024

    Del.'s Richards Layton Starts Arbitration, Mediation Practice

    Richards Layton & Finger PA has announced the launch of an arbitration and mediation practice to bolster its alternative dispute resolution services to better serve its clients.

  • August 28, 2024

    Jazz, Hikma Must Face Bulk Of Xyrem Antitrust Suit

    Jazz Pharmaceuticals and Hikma Pharmaceuticals appear bound for trial against most solo insurer and class action antitrust claims over alleged efforts to block generic competitors to Jazz's Xyrem narcolepsy drug, under a newly unsealed California federal court order largely rejecting competing motions for summary judgment.

  • August 28, 2024

    Petersen Health Care Delays Hearing On Ch. 11 Exec Bonuses

    Bankrupt nursing home operator Petersen Health Care told a Delaware judge Wednesday that it wanted more time to work towards a resolution with creditors and the U.S. Trustee's Office on its proposed executive incentive bonuses.

  • August 28, 2024

    Calif. Debt Relief Firm Ran Criminal Enterprise, Judge Says

    A California bankruptcy judge ruled Tuesday that the defunct Orange County debt relief law firm Litigation Practice Group operated a "criminal enterprise" and possibly a Ponzi scheme, a finding that representatives for the firm's court-appointed bankruptcy trustee say they will use to claw money back from investors.

  • August 28, 2024

    Justices Won't Revive Student Debt Relief Plan Right Now

    The U.S. Supreme Court on Wednesday refused to reinstate President Joe Biden's latest student loan debt relief program, leaving the $475 billion plan on ice until the Eighth Circuit decides whether the administration has the authority to continue its new push to reduce student loan bills for millions of people.

  • August 28, 2024

    Farella Braun Can Pursue Unpaid SVB Fees From FDIC

    Farella Braun & Martel LLP can go after the Federal Deposit Insurance Corp. for $49,000 in legal fees owed by Silicon Valley Bank's parent after the agency was appointed as the bank's receiver, a California federal judge ruled Wednesday.

Expert Analysis

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bankruptcy Must Be On The Table As A Student Loan Solution

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    Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • 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.

  • 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.

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