Large Cap
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July 23, 2024
Behind The $1B Ch. 15 Bankruptcy Of Brazil's InterCement
Leading Brazilian cement and concrete supplier InterCement landed in Brazilian restructuring court and a New York Chapter 15 proceeding after an economic slump in Brazil drove it to sink further into debt, and it has yet to find a way out.
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July 23, 2024
Invitae's Ch. 11 Plan Needs Tweaking, Judge Says
A New Jersey bankruptcy judge said he would confirm the Chapter 11 liquidation plan for genetic testing company Invitae, if it made changes to how it handled distributions to certain creditors.
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July 23, 2024
FTX Reaches Deal On $4M Phala Token Claims In Ch. 11
Bankrupt cryptocurrency platform FTX Trading Ltd. asked a Delaware bankruptcy judge to let it pay $960,000 to crypto issuer Phala Ltd. to settle that company's $4 million claim against FTX and its affiliates.
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July 23, 2024
US Trustee Opposes Nevada Copper's $5.3M Bonus Plan
The Office of the U.S. Trustee objected late Monday to proposed bonus plans for employees of bankrupt mining company Nevada Copper Inc., saying the plans don't include enough information to determine if the bonuses are proper.
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July 23, 2024
Americanas Gets US Nod For Reorganization In Brazil
A New York bankruptcy judge said his trepidation around how Brazilian department store chain Americanas' bankruptcy plan treats creditors that don't give legal releases to nondebtor third parties was quelled, and granted his Chapter 15 sign-off for a plan that was already approved by a court in Rio de Janeiro.
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July 23, 2024
18 Whiteford Attys Launch Raines Feldman's Pittsburgh Office
More than a dozen attorneys specializing in bankruptcy, and securities and commercial litigation, have left Whiteford Taylor & Preston to help Raines Feldman Littrell launch its new office in Pittsburgh this week.
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July 23, 2024
Tech Firm Mobileum Enters Ch. 11 To Trim Over $500M Debt
Global telecom analytics group Mobileum Inc. sought Chapter 11 protection in Texas on Tuesday, with plans to trim $529 million from its books through a debt-for-equity swap after falsified time records uncovered last year backlogged operations and spurred litigation.
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July 22, 2024
Price-Fixing Claims Against Par Pharma On Chopping Block
A Connecticut federal judge has asked a coalition of states to explain why he shouldn't toss two price-fixing lawsuits against Par Pharmaceutical Companies Inc., noting that the defendant and its parent, Endo International PLC, recently filed Chapter 11 reorganization plans shielding them from the cases.
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July 22, 2024
Invitae Awaits Ch. 11 Plan Decision After Testy Hearing
Following a lengthy and contentious hearing Monday, a New Jersey bankruptcy judge said he would rule Tuesday on a motion seeking confirmation of genetic testing business Invitae's Chapter 11 plan, which would repay creditors using proceeds from a sale of the company's assets to Labcorp.
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July 22, 2024
Steward Health Care Finds Buyers For 2 Hospitals
Steward Health Care has told a Delaware bankruptcy judge it has found buyers for two of the facilities in its first round of hospital sales in its Chapter 11 case, but three others had attracted no qualified bids.
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July 22, 2024
WOM Asks To Pay Ex-Execs Severance Under Chilean Law
Chilean telecommunications company WOM requested a Delaware bankruptcy court's permission to pay nearly $500,000 in compensation to two former executives who were terminated before the company filed for bankruptcy in the U.S., explaining that the payments are mandated by laws in Chile.
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July 22, 2024
99 Cents Only Pivots To New Buyers After $8M Bid Rescinded
Discount retail chain 99 Cents Only asked a Delaware bankruptcy court to approve alternative sales for two California real estate parcels after the winning bidder who submitted a $8 million offer failed to close the deal over the last two months.
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July 22, 2024
Purdue Release Ruling May Spur Creative Ch. 11 Workarounds
With nonconsensual third-party releases off the table following the U.S. Supreme Court's June decision in the Purdue Pharma bankruptcy, restructuring attorneys are looking at a variety of ways to work around the restriction, from more aggressive assertion of derivative claims to Chapter 15 filings with third-party releases.
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July 22, 2024
Giuliani In Limbo, Guo Faces Ch. 11 Trustee Suit
The court-appointed watchdog for Miles Guo's bankruptcy has unpaused a civil racketeering conspiracy case against the Chinese billionaire after his criminal RICO case resulted in a conviction, ex-New York City mayor Rudy Giuliani's Chapter 11 case has still yet to be dissolved, and a new bankruptcy judge has ascended to the bench in New York.
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July 22, 2024
Lack Of 'Smoking Gun' Sinks J&J's Bid To DQ Beasley Allen
The Beasley Allen Law Firm may represent plaintiffs in multicounty talc injury litigation in New Jersey state court, after a judge found Johnson & Johnson failed to show a former Faegre Drinker outside counsel shared information he learned representing the company in earlier talc litigation.
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July 22, 2024
SVB Postpones Ch. 11 Plan Hearing To Wednesday
The former parent of the failed Silicon Valley Bank has postponed the start of the New York bankruptcy court hearing on its Chapter 11 plan until Wednesday morning.
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July 19, 2024
Judge Dubious Of NY Diocese's Ch. 11 Plan Post-Purdue
A New York bankruptcy judge said Friday he was skeptical of a creditor noticing procedure meant to head off confirmation issues for the already voted on Chapter 11 plan of the Roman Catholic Diocese of Rochester, New York, noting he thinks affirmative creditor consent to third-party liability releases is needed following the U.S. Supreme Court's landmark Purdue Pharma ruling last month.
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July 19, 2024
Guo Trustee Reboots Civil RICO Case After NY Conviction
The Chapter 11 trustee overseeing the Connecticut bankruptcy of Chinese exile Miles Guo has filed a notice that lifts a March stay on civil RICO and alter ego claims after the debtor's criminal conviction this week on racketeering conspiracy, wire fraud, securities fraud and money laundering charges in the Southern District of New York.
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July 19, 2024
SVB, FDIC Head For Standing Clash At Ch. 11 Plan Hearing
The former parent of Silicon Valley Bank and federal banking regulators have dueling arguments regarding standing queued up, as they're scheduled to take their dispute over $1.9 billion in assets into a confirmation hearing for the company's liquidation plan before a New York bankruptcy judge on Monday.
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July 19, 2024
Dentons Hires Foley & Lardner Bankruptcy Partner
Dentons said Friday it has hired a bankruptcy partner in Chicago who spent the past 25 years at Foley & Lardner LLP.
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July 18, 2024
8th Circ. Blocks Another Biden Student Debt Relief Plan
The Eighth Circuit has blocked the Biden administration from implementing another plan for student loan forgiveness while the appellate court considers a Missouri-led state alliance's injunction request, according to an order entered Thursday.
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July 18, 2024
5th Circ. Lifts Civil Rights Suit Stay In La. Diocese Case
The Fifth Circuit Court of Appeals reversed a Louisiana bankruptcy court's decision applying the automatic stay of litigation to a group of children suing the bankrupt Archdiocese of New Orleans, saying the lawsuit arises from purely post-petition conduct and seeks only prospective injunctive relief.
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July 18, 2024
Judge 'Disappointed' By Atty Prep In SVB Financial Ch. 11 Tiff
A New York bankruptcy judge said he wasn't prepared to decide if joint liquidators of Silicon Valley Bank's Cayman Islands arm have standing to bring a $476 million claim in the Chapter 11 of the bank's former parent company, rebuking lawyers for not adequately briefing key questions ahead of a hearing on Thursday.
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July 18, 2024
Prison Health Co. Strikes $75M Deal With Tehum Creditors
Prison health provider YesCare Corp. says it has reached a $75 million settlement of claims against bankrupt spin-off Tehum Care Services, replacing a $54 million deal rejected by a Texas bankruptcy judge in April.
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July 18, 2024
6 Firms Steer Latin American Airline Giant's $533M IPO Plans
Latam Airlines Group SA on Thursday outlined plans for an estimated $533 million U.S. initial public offering, guided by six law firms, marking a return to U.S. markets two years after the South American airline giant exited bankruptcy.
Expert Analysis
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Why Delaware ABCs Are No Longer As Easy As 1-2-3
In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
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SVB Bankruptcy Case Raises Asset Control Questions
The initial disputes in Silicon Valley Bank's bankruptcy case between the Federal Deposit Insurance Corp. and the debtor over tax refunds and deposits are likely to signal the rekindling of old battles for limited assets last fought during the Great Recession, say Jeffrey Rothleder and Maura McIntyre at Squire Patton.