Mid Cap
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May 08, 2024
Sleep Apnea Co. Hits Ch. 11 Over $41.5M In Debt, Cash Woes
California-based ProSomnus, which produces devices to prevent sleep apnea, said a balance sheet heavy with more than $41.5 million in debt and difficulty in funding its continued operations forced it to file for Chapter 11 protections in Delaware.
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May 07, 2024
SEC Says Morrison Can't Save Terraform From Disgorgement
The U.S. Securities and Exchange Commission said bankrupt crypto firm Terraform Labs should remain on the hook for potentially $3.6 billion in disgorgement over its fraud trial loss, saying any claims that its unregistered transactions took place beyond the court's reach are undermined by the agency's congressional authority.
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May 07, 2024
Real Estate Co. Says Privilege, Immunity Don't Protect Trustee
A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.
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May 07, 2024
Pear Therapeutics Ch. 11 Liquidation Plan Confirmed
A Delaware bankruptcy judge said at a hearing Tuesday that he would confirm the Chapter 11 liquidation plan for software-based medicine venture Pear Therapeutics after it sold most of its assets and reached a settlement with former employees.
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May 07, 2024
NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit
A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.
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May 07, 2024
Battery Developer Ambri Can Tap $3.75M Of Ch. 11 Financing
Battery start up Ambri Inc. can access the first $3.75 million leg of a debtor-in-possession loan funded by its creditors, including firms owned by Bill Gates and hedge fund billionaire John Paulson, after a Delaware bankruptcy judge Tuesday agreed to interim approval but expressed skepticism over final terms of the DIP package.
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May 07, 2024
Gronk, Others To Pay $2.4M In Voyager Crypto Promoter Suit
Retired football star Rob Gronkowski, NBA player Victor Oladipo and NASCAR driver Landon Cassill have agreed to collectively pay $2.4 million to settle allegations they helped promote failed cryptocurrency exchange Voyager Digital Holdings Inc.
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May 07, 2024
Judge Rips 2nd Circ.'s 'Erroneous' Ruling In Sears Lease Spat
A New York federal district judge ruled that Sears Holdings Corp.'s lease for the Mall of America in Minneapolis should be returned to the bankrupt retail chain's liquidating trustee, saying that the decision gives "scant comfort" as it removed from the books "an obviously outlier ruling" by the Second Circuit.
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May 06, 2024
Crypto Platform's Ex-Brass Charged With $783M Fraud
Three former executives behind bankrupt cryptocurrency investment platform Cred Inc. face wire fraud and money laundering charges after they allegedly lied to customers about the firm's lending and investing practices ahead of a collapse prosecutors say wiped out $783 million in customer crypto.
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May 06, 2024
Icon Aircraft Investors Seek To Halt Proposed Ch. 11 Sale
A group of Icon Aircraft investors seeking to file legal claims against the company's Chinese majority equity holder asked a Delaware bankruptcy judge Monday to halt the company's proposed sale, saying the proposed stalking horse bidder is indirectly controlled by the current majority holder.
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May 06, 2024
Subchapter V Bankruptcies Up 60% In April As Costs Weighed
More small companies filed for Chapter 11 bankruptcy under Subchapter V in April, according to new data, as higher costs for everything from raw materials to loans and insurance continued to hit struggling businesses.
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May 06, 2024
DMK Pharma Lands $3.2M Deal To Sell Drug In Ch. 11
Drugmaker DMK Pharmaceuticals Corp. informed a Delaware bankruptcy judge Monday that the debtor worked out a tentative agreement in its Chapter 11 case to sell an opioid overdose recovery treatment for nearly $3.2 million.
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May 06, 2024
WeWork Advances Plan, J&J's Third Filing, More Jones Drama
WeWork Inc. pushed forward a reorganization plan despite its former CEO's objections, Johnson & Johnson disclosed plans for a prepackaged bankruptcy case supported by a $6.5 billion settlement, and an appeals court upheld more than $400,000 in sanctions as part of bankruptcy proceedings for Georgia-Pacific's asbestos unit.
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May 06, 2024
Cybersecurity Firm Appgate Hits Ch. 11 3 Years After IPO
Technology firm Appgate Inc. and 11 affiliates filed for Chapter 11 bankruptcy in Delaware Monday with a prepackaged plan to wipe all debt from its books, tap new funding and go private roughly three years after its initial public offering backed by $1 billion in investments.
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May 06, 2024
Video AI Startup StoryFile Enters Bankruptcy
StoryFile Inc., an artificial intelligence video company that promoted its product as a way to leave behind interactive videos for your loved ones, has filed for Chapter 11 protection with more than $8 million in debt, saying its expenses had outstripped its ability to raise capital.
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May 06, 2024
Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans
Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.
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May 03, 2024
Meet The Attorneys In Teen Retailer Rue21's 'Chapter 33'
A team of attorneys from Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor LLP are representing clothing retailer rue21 in its third trip through Chapter 11 — colloquially called a "Chapter 33" — and its second in seven years.
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May 03, 2024
Keeping Track Of The Catholic Diocese Bankruptcy Cases
New federal legislation that aims to bolster protections for sex abuse victims in bankruptcy has put renewed focus on the more than dozen Catholic dioceses that have turned to Chapter 11 to manage their liability for alleged child abuse crimes.
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May 03, 2024
Creditors Say Giuliani Can't Hire New Appellate Counsel
The unsecured creditors of former New York City Mayor Rudy Giuliani asked a New York bankruptcy judge Friday to deny Giuliani's request to hire a longtime friend as special counsel in the appeal of his $148 million defamation judgment, saying the application "incomprehensibly backtracks" on conditions Giuliani previously agreed to on the retention of his appellate counsel.
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May 03, 2024
Casa Systems Urged To Solve Ch. 11 Cash Use Or Face Ch. 7
A Delaware bankruptcy judge on Friday told Casa Systems Inc. and its secured lenders to make progress on a final cash collateral order, or the telecommunications company would be facing conversion of its Chapter 11 case to a Chapter 7 proceeding.
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May 03, 2024
Rue21 Can Use Lender Cash As It Moves To Shut All Stores
A Delaware bankruptcy judge gave an initial nod Friday to teen apparel company rue21's bid to use its lender cash collateral to fund itself as it works to sell off inventory across 540 stores in the U.S. during its Chapter 11 case.
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May 03, 2024
Biotech Eiger Says Ch. 11 Should Stay In Texas
Rare-disease treatment developer Eiger has urged a Texas bankruptcy judge to keep its Chapter 11 in the Dallas court despite an attempt by the U.S. Trustee's Office to have the case transferred to Delaware or California, asserting that it is a virtual business with its closest physical ties in Texas.
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May 03, 2024
Ohio Atty Gets 3rd Suspension After Not Reporting Conviction
A Cleveland-area attorney trying to get reinstated after neglecting bankruptcy cases was suspended yet again by the Ohio Supreme Court, which said he failed to report a drug conviction to his county bar association for almost eight months.
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May 03, 2024
Acorda Therapeutics Strikes Creditor Deal On Ch. 11 Loan
A New York judge on Friday gave final approval to Acorda Therapeutics' $60 million Chapter 11 financing package after hearing the drug developer and the lenders had resolved objections lodged by unsecured creditors.
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May 02, 2024
Casa Starts Ch. 11 Cable Sale Process With $20M Floor Bid
Bankrupt telecommunications company Casa Systems Inc. received approval Thursday from a Delaware judge to move forward with a Chapter 11 sale process for its cable assets starting with a $20 million stalking horse bid.