Large Cap
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April 02, 2025
Ex-Morgan Lewis Bankruptcy Leader Joins Moore & Van Allen
Following more than a decade at Morgan Lewis & Bockius LLP, the firm's former bankruptcy, restructuring and insolvency co-head has joined Moore & Van Allen PLLC as a member.
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April 01, 2025
InterCement Gets Ch. 15 Recognition Of Brazil Restructuring
A New York bankruptcy judge on Tuesday recognized cement supplier InterCement's reorganization efforts in Brazil, overruling an objection from an ad hoc group of New York noteholders that said a subsidiary's restructuring belonged in the Netherlands.
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April 01, 2025
Northvolt's Ch. 11 Ends Amid Swedish Parent's Insolvency
A Texas bankruptcy judge on Tuesday agreed to dismiss the Chapter 11 cases of electric vehicle battery maker Northvolt AB at the company's request, after its parent commenced a bankruptcy case in Sweden.
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April 01, 2025
Catching Up With New Bankruptcy Case Action
Restaurant chain Hooters launched a Chapter 11 case with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity. Gastropub chain Bar Louie filed for bankruptcy, listing nearly $70 million of debt, about five years after its creditors took over the business during a previous bankruptcy. And a sustainability-focused financial services company filed for Chapter 11 less than a month after the firm's founder was arrested and charged with fraud.
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April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
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March 31, 2025
Hooters Hits Ch. 11 With Plans For Restaurant Sales
Restaurant chain Hooters filed for Chapter 11 protection in a Texas bankruptcy court late Monday with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity.
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March 31, 2025
J&J Talc Spinoff's Ch. 11 Case Gets Tossed, Erasing $9B Deal
A Texas bankruptcy judge rejected Johnson & Johnson's third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer, dismissing J&J unit Red River Talc's Chapter 11 case on Monday and throwing out a roughly $9 billion bankruptcy deal over issues with the company's voting procedures and third-party releases.
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March 31, 2025
FTX Seeks Alternative Service In $1.76B Binance Suit
The recovery trust created under the Chapter 11 plan of defunct cryptocurrency exchange FTX has asked the Delaware bankruptcy court for permission to serve people and entities related to Binance Holdings via alternative means, saying their locations have made traditional service difficult or impossible in a $1.76 billion clawback lawsuit against the rival crypto business.
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March 31, 2025
Ex-US Trustee Head Appeals Firing, Purdue Case Extended
The former director of the U.S. Trustee's Office appealed her removal, alleging the government lacked cause and violated due process. Meanwhile, Purdue Pharma secured more time to protect itself and the Sackler family from lawsuits as the company seeks approval for a $7.4 million opioid settlement plan. And FTX told a court it has $11.4 billion ready for creditors but is still reviewing a massive volume of claims before the distribution.
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March 31, 2025
US Trustee Says Imerys Ch. 11 Releases Non-Consensual
The U.S. Trustee's Office is asking a Delaware bankruptcy judge to reject Imerys Talc America's Chapter 11 plan, saying the talc supplier wants to grant excessively broad claims releases to third parties without the consent of plan supporters.
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March 31, 2025
Carlton Fields Faces DQ Bid In $500M Miss America Suit
Carlton Fields faces a disqualification bid for allegedly having a conflict of interest in a $500 million lawsuit regarding the ownership of the company that runs the Miss America pageant.
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March 31, 2025
Retailer Conn's Gets OK To Pay $2M To B. Riley, Store Dealers
Furniture and appliance retailer Conn's Inc. received a Texas bankruptcy judge's approval Monday to pay a group of former W.S. Badcock dealers about $2 million to settle their potential claims in the Chapter 11 case, under an agreement that calls for the onetime store owners and lender B. Riley to share in proceeds of the Conn's asset sales.
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March 31, 2025
Feds Seek 10 Years For Ex-Girardi CFO's 'Brazen' Crimes
Los Angeles federal prosecutors said Girardi Keese's former head of accounting should spend 10 years in prison after pleading guilty to assisting Tom Girardi in siphoning clients' settlement funds and what the government called a "brazen" side fraud to steal from the firm's operating accounts.
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March 28, 2025
Under The Radar: Bankruptcy News You May Have Missed
A major producer of gypsum products is trying to get a sinkhole claim that is roughly two decades old tossed, a trust for FTX creditors is trying to claw back $90 million in frozen funds, and a talc miner's insurers are asking a court to reject its bankruptcy plan.
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March 28, 2025
Conn's Creditors Object To $4M Award For Lender
The committee of unsecured creditors of bankrupt retailer Conn's Inc. has urged a Texas bankruptcy judge to reject the company's bid to amend its debtor-in-possession financing to pay a lender $4 million to provide apparent adequate protection.
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March 28, 2025
Purdue Lawsuit Injunction Extended Ahead Of Plan Hearings
Bankrupt drugmaker Purdue Pharma LP received a further extension of a bar on litigation against the company and its owners in the Sackler family as the debtor pursues a late May approval of a disclosure statement describing a Chapter 11 plan premised on a $7.4 billion settlement of opioid claims.
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March 28, 2025
Ex-Director Of DOJ's Bankruptcy Watchdog Appeals Removal
The former director of the Department of Justice's U.S. Trustee Program, which oversees bankruptcy proceedings, has filed an appeal of her termination, saying it was without cause and violated her due process rights, according to documents obtained by Law360 on Friday
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March 28, 2025
3rd Circ. Preview: April Arguments Feature Class Action Rows
The Third Circuit's April argument lineup springs into action with securities litigation brought by Walmart investors claiming they were misled about the government's opioid investigation into the company, and a bid to upend an attorney fee award stemming from the settlement of data breach litigation against convenience store chain Wawa.
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March 28, 2025
The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard five arguments this week, including in cases over the proper venue for challenges to EPA actions and the potential revival of a doctrine not used since the 1930s, while also issuing two rulings, one of them a high-profile decision involving ghost guns. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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March 28, 2025
FTX Sitting On $11.4B In Cash To Distribute To Creditors
FTX has $11.4 billion in funds ready to be handed out to creditors, but it still has much work to do to sort out the massive number of claims asserted against the collapsed cryptocurrency exchange, an attorney for the company told a Delaware bankruptcy judge Friday.
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March 27, 2025
Diocese Creditors Gain Access To Abuse Claim Data In Ch. 11
Creditors of the Archdiocese of San Francisco will have access to records of the archdiocese's independent review board after a California bankruptcy judge said production of the documents serve a valid purpose in its Chapter 11 case.
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March 27, 2025
Steward Health, Doctors Vie For $60M Delayed Comp Plan
Troubled hospital operator Steward Health battled against a group of healthcare providers in a Texas bankruptcy court Wednesday and Thursday for control of a pair of delayed compensation trusts worth $60 million, arguing over whether the plans are protected by the Employee Retirement Income Security Act.
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March 27, 2025
Boy Scouts Claimants Lose Appeal To Fix Ch. 11 Opt-In Error
A Delaware federal judge has upheld a bankruptcy court order that childhood sexual abuse survivors who accidentally opted in for a quicker, smaller payment over their claims could not undo that mistake in the Boy Scouts' Chapter 11.
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March 27, 2025
Barretts Mediator Feinberg Blames Committee For Impasse
The mediator in the bankruptcy of talc miner Barretts Minerals Inc. has told a Texas bankruptcy court that Chapter 11 plan talks reached an impasse, saying the unsecured creditors in the case have not shown an "ability or willingness to engage."
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March 27, 2025
American Tire Gets OK For Ch. 11 Plan After Sale To Creditors
A Delaware bankruptcy judge on Thursday confirmed the liquidation plan of American Tire Distributors Inc. after it completed a roughly $835 million sale of its business to a lender group.
Expert Analysis
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Lender Agreements And Unitranche Facilities: A Fresh Look
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.
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What Banks Should Know About FDIC Assessment Rule
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.
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Performing Music Makes Me A Better Lawyer
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.
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Bankruptcy Must Be On The Table As A Student Loan Solution
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.
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Breaking Down High Court's New Code Of Conduct
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.
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Rockport Ch. 11 Highlights Global Settlement Considerations
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.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
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.
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Legal Profession Gender Parity Requires Equal Parental Leave
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.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
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.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
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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Writing Thriller Novels Makes Me A Better Lawyer
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.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
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.
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Industry Must Elevate Native American Women Attys' Stories
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.