Large Cap
-
April 16, 2025
Imerys Says Italian Unit In Danger From Talc Lawsuits
Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.
-
April 16, 2025
Franchise Group Pursues $194M Ch. 11 Asset Sale
Retail chain owner Franchise Group urged a Delaware bankruptcy judge Wednesday to let it sell its Vitamin Shoppe assets to a buyer offering nearly $194 million to take the assets and some related liabilities off the debtor's hands.
-
April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
-
April 16, 2025
Reed Smith Wins Stay Order In Eletson Shipping Feud
For now, Reed Smith will not be compelled to turn over a client file to the new owners of reorganized international shipping group Eletson, following a temporary stay issued by the Second Circuit amid the BigLaw firm's fight to continue representing the company's prebankruptcy shareholders.
-
April 16, 2025
Global Clean Energy Files Ch. 11 With Over $2B In Debt
Renewable fuels company Global Clean Energy Holdings Inc. filed for Chapter 11 relief Wednesday in Texas with more than $2 billion of liabilities, about $2 million of cash on hand and a prearranged restructuring plan supported by most of its secured lenders.
-
April 15, 2025
Talc Claimants Say It's Time To End Barretts' Ch. 11
Talc injury claimants on Tuesday continued to press a Texas bankruptcy judge to dismiss Barretts Minerals Inc.'s Chapter 11 case, while the judge said he was concerned the company had not yet put a value on claims its parent company failed to properly test for asbestos in its talc.
-
April 15, 2025
J&J, Others Say Asbestos Trusts Can't Purge Records
A group of asbestos litigation defendants and related bankruptcy debtors, including Johnson & Johnson, sued 10 asbestos claims trusts in Delaware's Court of Chancery on Tuesday, accusing them of pursuing an improper destruction of evidence linked to tens of thousands of potential cases.
-
April 15, 2025
US Trustee Goes After Releases In Zips Car Wash Ch. 11 Plan
The Office of the U.S. Trustee urged a Texas bankruptcy judge to reject Zips Car Wash's plan to wash away some $279 million in debt, saying the updated Chapter 11 plan contains nonconsensual third-party releases.
-
April 15, 2025
Paul Weiss To Narrow Forever 21 Work Amid Conflict Claims
Paul Weiss Rifkind Wharton & Garrison LLP told a Delaware bankruptcy judge Tuesday that it would be willing to reduce its proposed work for liquidating retailer Forever 21 in response to an objection by the U.S. Department of Justice's bankruptcy watchdog, which argued the firm is conflicted in the Chapter 11 case and shouldn't be hired by the debtor.
-
April 15, 2025
Stiff Competition, Rate Hikes Drove Zips Car Wash Into Ch. 11
Zips, one of the largest car wash operators in the country, found itself in bankruptcy court earlier this year as the company struggled due to increasing competition, high interest rates, a heavy debt load, an unwieldy real estate portfolio and the aftermath of a hurricane in September, according to its case filings.
-
April 15, 2025
Boies Schiller Can't Escape Guo Clawback Claim, Judge Rules
Boies Schiller Flexner LLP must face a Chapter 11 trustee's nearly $654,000 clawback case for receiving cash from a company connected to since-convicted Chinese exile Miles Guo, a Connecticut bankruptcy judge has ruled, advancing the case against the firm's motion to dismiss.
-
April 15, 2025
Husch Blackwell Adds Chamberlain Hrdlicka Bankruptcy Ace
Husch Blackwell LLP has fortified its insolvency and commercial bankruptcy practice with a partner in Austin, Texas, who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
-
April 14, 2025
Judge Says Barretts Needs Independence To Resolve Ch. 11
A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.
-
April 14, 2025
Crypto Firm DCG Can't Dodge NY AG Suit Over Genesis Woes
Crypto venture capital firm Digital Currency Group must face the bulk of the New York attorney general's claims it defrauded investors by hiding the dire financial condition of its bankrupt lending subsidiary Genesis Global, a New York state judge has ruled.
-
April 14, 2025
Debt Deals On The Rise, Purdue Can Begin Claims Processing
A Texas district court, not a bankruptcy court, will oversee the U.S. trustee's efforts to claw back millions in legal fees paid to Jackson Walker over an undisclosed relationship between an attorney and bankruptcy judge; out-of-court debt deals eclipsed Chapter 11s by a 4-to-1 ratio last year; and drug manufacturer Purdue Pharma can begin processing claims ahead of a Chapter 11 confirmation hearing. This is the week in bankruptcy.
-
April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
-
April 14, 2025
Nashville Objects To Wellpath's Ch. 11 Plan Over Releases
The government of Nashville, Tennessee, has asked a Texas bankruptcy judge to reject confirmation of prison healthcare company Wellpath's Chapter 11 plan, arguing it improperly includes releases and exculpations for parties who are not part of the bankruptcy case.
-
April 11, 2025
Outdated Brand Could Hinder Hooters' Ch. 11 Recovery
Hooters has built its brand on buxom women wearing orange micro shorts while serving hot wings and frosty mugs of beer, but experts said the racy concept that made it a household name is outdated and could stymie the company's recovery as it seeks to emerge from Chapter 11.
-
April 11, 2025
Under The Radar: Bankruptcy News You May Have Missed
The Texas Attorney General asked for a consumer privacy ombudsman in 23andMe's Ch. 11 case; The Chapter 11 trustee handling Chinese exile Miles Guo's estate balked at an appeal against a decision advancing dozens of clawback proceedings; and a Delaware bankruptcy judge dismissed the Chapter 7 case of electronics recycler Camston Wrather at the request of the estate trustee.
-
April 11, 2025
Forever 21 Can't Tap Cash Collateral In Ch. 11, Creditors Say
The unsecured creditors committee in fast-fashion chain Forever 21's Chapter 11 has challenged the debtor's motion to use cash collateral, telling the Delaware bankruptcy court that the funding bid is part of a plan that would prejudice the group and leave the creditors with insufficient recoveries.
-
April 11, 2025
US Trustee Calls Mitel Networks Ch. 11 Plan Unconfirmable
Software group Mitel Networks' prepackaged Chapter 11 plan trimming $1.1 billion of debt has nonconsensual third party releases and can't be confirmed, the Office of the U.S. Trustee told a Texas bankruptcy judge.
-
April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
-
April 11, 2025
Ex-Girardi CFO Gets 10 Years For 'Devastating' Fraud
A California federal judge sentenced Girardi Keese's former chief financial officer to just over 10 years in prison Friday for aiding firm leader Tom Girardi's $15 million client theft scheme while also embezzling $6 million for himself, saying the two interrelated schemes "had devastating and far-reaching effects."
-
April 10, 2025
Judge Isgur To Mediate Sorrento Ch. 11 Dispute
One of the most prominent bankruptcy judges in the United States is mediating a dispute between the liquidating trustee for biopharmaceutical company Sorrento Therapeutics Inc. and a unit of B. Riley Financial as the parties try to reach a settlement to avoid litigation.
-
April 10, 2025
Prospect Medical Hospitals Get One More Reprieve In Ch. 11
Hospital operator Prospect Medical has scored $6 million in financing to temporarily stave off the closure of three Pennsylvania hospitals, the debtor's counsel told a Texas bankruptcy judge Thursday.
Expert Analysis
-
A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
-
Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
-
Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
-
2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
-
Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
-
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
-
How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
-
Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
-
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
-
Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
-
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
-
How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
-
Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.