Mid Cap
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September 04, 2025
Colo. Developer Says Wash. Atty Botched Bankruptcy Case
A Colorado company has hit a law firm and one of its former bankruptcy attorneys with a legal malpractice suit in Washington federal court, alleging that the defendants' "negligence" caused the business to lose properties worth more than $5 million in its Chapter 11 case.
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September 04, 2025
San Francisco Archdiocese Claimants Must Refile Affiliate Suit
A California bankruptcy judge on Thursday told the unsecured creditors committee in the Chapter 11 of the Archdiocese of San Francisco to refile a complaint seeking to declare parish assets estate property, saying the "substance" of the arguments was enough to go forward to trial.
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September 04, 2025
Under The Radar: Bankruptcy News You May Have Missed
FTX's recovery trust sued a former executive to recoup potential fraudulent transfers it alleged were used to buy Maryland real estate. A lender for two bankrupt sand mining companies in Texas asked for the debtors' cases to be moved from the Northern District of Texas to the state's western district. And the city of Pittsburgh raised red flags around the sale of an affordable housing complex through a bankruptcy sale it argued could be abetting fraud.
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September 04, 2025
Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan
A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.
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September 04, 2025
NJ Judge Greenlights Ch. 11 Plan For Real Estate Firm
A New Jersey federal judge said Thursday he will approve a Chapter 11 plan for a troubled real estate investment firm that includes selling an affordable housing complex in Pittsburgh and creating a litigation trust to recover hundreds of millions allegedly stolen by the company's now-imprisoned founder.
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September 04, 2025
Judge OKs 3D Printing Co.'s $7.25M In Ch. 11 Sales
A Texas bankruptcy judge on Thursday approved two sales of Desktop Metal's remaining U.S. operating assets totaling $7.25 million, as the bankrupt 3D printing company looks to quickly exit Chapter 11.
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September 03, 2025
FINRA Targets Ex-Synapse Officers Over Supervisory Failures
The Financial Industry Regulatory Authority has filed an enforcement action against two former executives of a subsidiary of bankrupt fintech company Synapse, alleging that they failed to properly supervise the subsidiary's cash management program ahead of the middleware provider's collapse.
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September 03, 2025
3rd Circ. Says Preclusion Ends NJ Foreclosure Fight
The Third Circuit affirmed a bankruptcy court's order allowing Nationstar Mortgage to proceed with a home foreclosure sale, finding that the homeowner was trying to relitigate the exact same issues she had already lost in state court.
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September 03, 2025
Silvergate's $37.5M Investor Settlement Gets Final OK
Investors of failed, cryptocurrency-focused Silvergate Bank secured a California federal judge's final approval Wednesday for their $37.5 million settlement of claims alleging the bank misrepresented its safeguards against onboarding customers like the collapsed, fraud-ridden crypto exchange FTX.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
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September 03, 2025
23andMe Can Invest Cash In Treasury Bond Fund For Ch. 11
A Missouri bankruptcy judge Wednesday agreed to waive certain deposit restrictions to allow consumer DNA testing group 23andMe to move $265 million to a higher-yielding fund, overruling risk concerns.
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September 03, 2025
SilverRock Gets More Time To Control Its Ch. 11 Case
Bankrupt California resort developer SilverRock Development received approval to extend the exclusive control window in its Chapter 11 case for four months, with a Delaware judge saying the debtor has made enough progress in the complex proceedings to warrant the extension.
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September 03, 2025
Liberace Piano Dispute Returns To 1st Circ. After Gibson Win
A Massachusetts music shop took its campaign to hold onto Liberace's rhinestone-encrusted piano to the First Circuit for the second time Wednesday, telling the appellate court that Gibson Guitars should never have been allowed to ask a jury for its return.
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September 03, 2025
Meet The Attorneys Guiding Walker Edison's Ch. 11
A team of lawyers from Morris Nichols Arsht & Tunnell LLP is leading the bankruptcy case of online furniture retailer Walker Edison as the company plans to sell its assets in Chapter 11.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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September 03, 2025
Sullivan & Cromwell Hires Ex-Asst. To The Solicitor General
Sullivan & Cromwell LLP announced Wednesday that it has hired a former assistant to the solicitor general whose wealth of appellate experience includes six arguments before the U.S. Supreme Court.
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September 03, 2025
Monster.com To Take Votes On Ch. 11 Plan After Creditor Deal
A Delaware bankruptcy judge on Wednesday approved job-search site CareerBuilder + Monster's bid to send its Chapter 11 plan to creditors for voting after the debtor struck a deal that could help holders of unsecured claims land a recovery.
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September 03, 2025
Nikola Corp. Settles SEC Objection To Ch. 11 Plan For $4M
Electric-truck maker Nikola Corp. told a Delaware bankruptcy judge that it had resolved an objection to its Chapter 11 liquidation plan by the U.S. Securities and Exchange Commission, agreeing to pay $4 million in cash after the agency challenged what it called Nikola's attempt to unfairly subordinate an $80 million civil penalty claim.
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September 03, 2025
Catching Up With New Bankruptcy Case Action
Budget air carrier Spirit Airlines landed in bankruptcy again in New York. Utah-based furniture retailer Walker Edison filed for Chapter 11 in Delaware while it presses on with litigation against its former owners. And a Florida kitchen equipment supplier is seeking to reorganize its debt after running into supply chain and quality issues.
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September 03, 2025
Asbestos Claimants Decry Canadian Miner's Ch. 15 Bid
Personal injury claimants and a Chapter 7 trustee urged a New York bankruptcy judge to deny Chapter 15 recognition for Asbestos Corp.'s Canadian restructuring, saying it has more ties to the U.S. where it faces thousands of lawsuits.
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September 02, 2025
Lowenstein Sandler Fights To Keep Fee Battle With Firm Alive
Lowenstein Sandler LLP urged a New Jersey state court to reject a bid seeking to trim its lawsuit against Trif & Modugno LLC in a legal battle over allegedly unpaid legal services rendered to a cannabis dispensary, saying its claims against the firm are over dishonest business practices and not legal malpractice.
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September 02, 2025
Heritage Coal Approved For Ch. 11 Liquidation Plan Docs
Bankrupt coal mining operation Heritage Coal received approval Tuesday from a Delaware judge for its Chapter 11 disclosure statement that describes a liquidating plan to pay priority claims in full and give distributions to unsecured creditors.
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September 02, 2025
Ex-Crypto Platform Cred Execs Sentenced For $150M Scheme
The former CEO and former chief financial officer behind bankrupt cryptocurrency lender Cred Inc. will serve four years and three years, respectively, after previously pleading guilty to conspiracy to commit wire fraud.
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September 02, 2025
Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims
A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.
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September 02, 2025
Bankrupt Calif. Developer Seeks OK For Extra DIP From City
SilverRock Development asked a Delaware bankruptcy judge for permission to take out up to $2 million in additional Chapter 11 financing from the California city it had planned to build a resort in, saying it needs the funds to wind down its Chapter 11 case.
Expert Analysis
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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Ch. 7 Ruling Is Warning For Merchant Cash Advance Providers
A New York bankruptcy court’s recent ruling in favor of a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical shows merchant cash advance providers why superficial agreement labels will not shield against preference liability, and serves as a guidepost for future contract drafting, say attorneys at Eversheds Sutherland.
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Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.