Mid Cap
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June 06, 2024
'Any Judge' Should Have DQ'd In Romance Case, Attys Told
A Texas federal judge was adamant Thursday that a former bankruptcy judge should have recused himself from an engineering company's Chapter 11 proceeding because of his relationship with a then-Jackson Walker LLP partner, but seemed torn over whether a lawsuit from a former shareholder over the secret relationship had a leg to stand on.
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June 06, 2024
Justices' Standing Ruling May Embolden Carriers In Ch. 11
The U.S. Supreme Court said Thursday that an insurer with a responsibility for its policyholder's Chapter 11 bankruptcy claims can intervene in those bankruptcy proceedings, potentially giving insurers greater leverage in reorganization negotiations and likely causing an influx of insurer objections in bankruptcy court, experts tell Law360.
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June 06, 2024
NRA Can't Undo $6.4M Misconduct Verdict In NY AG Case
A New York judge on Thursday rejected a request by the National Rifle Association and its longtime executives to set aside a jury's $6.4 million verdict that found they misspent charitable funds, saying Attorney General Letitia James provided sufficient evidence for the jurors to rule in her favor.
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June 06, 2024
US Trustee Rolls Out New Rules For Banking In Bankruptcy
The U.S. Trustee's Office announced Thursday the watchdog revised its procedures for financial institutions that hold bankrupt companies' funds, noting the changes were made in response to turmoil in the banking sector last year that jeopardized money some debtors needed to support their cases.
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June 06, 2024
Ambri Creditors Ask Judge To Nix DIP, Ch. 11 Bid Plans
Ambri Inc.'s unsecured creditors asked a Delaware bankruptcy judge to deny the company's proposed funding package and asset sale plan and undo a $3.75 million debt rollup, saying the requests amount to a secret scheme to hand assets to insiders who hold equity in the battery business.
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June 06, 2024
Alex Jones Abandons Ch. 11 Reorg Plan, Moves To Liquidate
Right-wing radio host Alex Jones asked a Texas bankruptcy court to convert his bankruptcy case to a Chapter 7 liquidation, abandoning his proposed plan to reorganize his personal debts in the face of more than $1 billion in defamation claims from the families of Sandy Hook school shooting victims.
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June 06, 2024
Insurance Litigation Week In Review
The U.S. Supreme Court allowed an insurer to intervene in policyholder bankruptcy proceedings, Liberty Mutual requested that a policyholder-judge be removed from a construction accident coverage dispute, and a Markel unit is attempting to skirt a $77.7 million auto accident judgment. Here, Law360 takes a look at the past week's top insurance news.
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June 06, 2024
Meet The Attys In Cloud Tech Co. CalAmp's Prepack Ch. 11
A team of attorneys from Potter Anderson & Corroon LLP is representing California-based cloud technology developer CalAmp Corp. as it moves towards a prepackaged Chapter 11 reorganization through a debt-equity swap.
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June 06, 2024
In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case
Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.
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June 05, 2024
Solar Energy Co. iSun Gets Green Light For $4M DIP Package
A Delaware bankruptcy judge on Wednesday approved solar energy firm iSun's $4 million debtor-in-possession funding package on an interim basis over an objection from the U.S. trustee, saying the company's precarious situation when it began negotiating its bankruptcy arrangement made an unusual roll-up provision palatable.
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June 05, 2024
Sam Ash Approved For Ch. 11 Sale Process With Baseline Bid
Bankrupt music store chain Sam Ash Music Corp. received approval Wednesday from a New Jersey bankruptcy judge for procedures governing its Chapter 11 asset sale process after negotiating concessions with its lenders, the official committee of unsecured creditors and the U.S. Trustee's Office.
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June 05, 2024
Messy Breakup Left Romance Writers Group Bankrupt
The Romance Writers of America's messy breakup with its membership — which began with an explosive fight over social media posts about racism — came to an unhappy end in a Texas bankruptcy court last week as the group sought to deal with hotel bills it can no longer pay.
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June 05, 2024
Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft
A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.
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June 05, 2024
'Creditor-On-Creditor Violence' Gets Big Test In ConvergeOne
Creditor infighting made famous by the bankruptcy case of Serta Simmons Bedding and a "drop down" deal by J. Crew is facing another legal test, as spurned ConvergeOne lenders battle breakaway members of their creditor class at a moment when bankruptcy judges appear split on questions of "creditor-on-creditor violence."
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June 05, 2024
'Le Penthouse' Owner Files For Ch. 11 With $66M In Debt
The owner of "Le Penthouse," known as one of the most expensive New York City condominiums, filed for Chapter 11 protection in Manhattan bankruptcy court with $66.5 million in debt and a plan to sell off its properties including the penthouse.
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June 05, 2024
Fish Taco Chain Rubio's Files 2nd Bankruptcy In 4 Years
The California-based fish taco-focused chain Rubio's Coastal Grill filed its second Chapter 11 bankruptcy in four years on Wednesday in Delaware, saying it had between $100 million and $500 million of liabilities and plans for an asset sale.
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June 04, 2024
Regions Bank Escapes Ex-Ruby Tuesday Execs' Benefits Suit
A Tennessee federal judge threw out a lawsuit lodged by former Ruby Tuesday managers alleging Regions Bank caused them to lose out on more than $35 million by inadequately protecting their pensions and breaching its duties as trustee, saying the retirement plans in question are exempt from federal benefits law.
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June 04, 2024
Cloud Tech Co. CalAmp Eyes July Approval For Prepack Plan
California-based cloud technology developer CalAmp Corp. hopes to confirm its prepackaged Chapter 11 plan by the middle of July, its attorneys told a Delaware bankruptcy judge Tuesday.
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June 04, 2024
Rounding Up This Week's 4 New Midcap Bankruptcies, So Far
Delaware's bankruptcy court has fielded a quartet of new midcap bankruptcy cases this week across a diverse range of industries from cloud technology company CalAmp Corp. to a solar energy provider and an agricultural services firm aimed at extending the shelf life of fresh produce.
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June 04, 2024
DMK Pharma Sues Drug Co. It Claims Helped Drive It To Ch. 11
Drug developer DMK Pharmaceuticals has asked a Delaware bankruptcy judge to award it $328.7 million from pharmaceutical company US WorldMeds LLC, saying USWM didn't properly market an opioid-overdose intervention product, resulting in slow sales and driving DMK to Chapter 11.
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June 04, 2024
Casa Systems Gets OK On $45.1M Cable Sale, Ch. 11 Plan
A Delaware bankruptcy judge on Tuesday approved communications equipment company Casa Systems Inc.'s $45.1 million sale of its cable assets and Chapter 11 plan, enabling the debtor to complete a wind-down process and end its bankruptcy case.
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June 04, 2024
Anderson Kill Adds Leaders For Financial Litigation Team
Anderson Kill PC has found the leaders of its financial litigation and complex disputes practice group in two attorneys from BraunHagey & Borden LLP.
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June 04, 2024
Icon Aircraft Gets OK For Creditor Vote On Ch. 11 Plan
A Delaware bankruptcy judge has given Icon Aircraft permission to send its Chapter 11 plan out for a creditor vote after the light-aircraft maker said objecting shareholders have agreed to save their arguments against the plan until after the vote.
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June 03, 2024
Solar Energy Co. Files Ch. 11 After Executive Shuffle
Vermont-based solar energy firm iSun Inc. filed for Chapter 11 bankruptcy on Monday in Delaware bankruptcy court weeks after announcing the replacement of its chief executive officer and chief financial officer.
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June 03, 2024
Hello Judges, Goodbye Refs: 1970s Changes To Bankruptcies
Imagine taking your client's insolvent company to a referee instead of a judge, or not having creditors grill you in a 341 meeting — or not having a creditors committee at all. That was the case before the 1970s ushered in the most sweeping changes to U.S. bankruptcy law and practice in 80 years.