Mid Cap
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May 30, 2025
Parents Bail Out Bankrupt Private School In Manhattan
The parents of students at a bankrupt Manhattan private school on Friday received approval from a New York bankruptcy judge to lend the school $280,000 to make payroll in a down-to-the-wire deal after a potential financing deal from an insider fell apart.
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May 30, 2025
US Trustee Says CarePoint Can't Retroactively Hire K&L Gates
The U.S. Trustee's Office has asked a Delaware bankruptcy judge not to allow hospital chain CarePoint to retain K&L Gates LLP as special litigation counsel retroactively to the start of the bankruptcy case, saying the company has not shown the "extraordinary circumstances" that would warrant such a move.
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May 30, 2025
Ch. 7 Trustee Can Claw Back Merchant Cash Advances
Payments made to a merchant cash advance lender by a now-insolvent business can be clawed back as avoidable transfers, a New York bankruptcy judge ruled Friday, siding with a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical, a commercial heating and air conditioning company.
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May 30, 2025
What's Happening In Bankruptcy Court This Coming Week
This coming week, bankruptcy judges will hear arguments regarding the Chapter 11 plans of the Catholic diocese in Syracuse, New York, medical device manufacturer Exactech and nursing facility operator Petersen Health Care. Meanwhile, genetics company Synthego is seeking final approval of $50 million in debtor-in-possession financing. Additionally, right-wing conspiracy theorist Alex Jones is preparing for a status conference in his Chapter 7 case.
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May 30, 2025
Barclay Damon Adds Ex-Lite DePalma Bankruptcy Chair
Barclay Damon LLP has added the former chair of Lite DePalma Greenberg & Afanador LLC's corporate, commercial and bankruptcy department to bolster its bankruptcy team and enhance its commercial and corporate litigation services.
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May 30, 2025
ENGlobal Gets Tentative OK To Take Votes On Ch. 11 Plan
Construction and engineering group ENGlobal received initial approval from a Texas bankruptcy judge Friday to send its Chapter 11 plan to creditors for voting, after lawyers representing the debtor said they would send the court a liquidation analysis by the end of the day.
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May 30, 2025
Trump Admin To Defend Biden's For-Profit College Loan Rule
The Trump administration will defend parts of a Biden-era U.S. Department of Education rule allowing students to have their federal loans forgiven over their college's misconduct, asking the U.S. Supreme Court to resume briefing in a case that will pit the administration against the for-profit college industry.
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May 30, 2025
Titans Of The Plaintiffs Bar: Philippe & Jennifer Selendy
Philippe and Jennifer Selendy, who met as associates at Cravath Swaine & Moore LLP and married in 1997, each spent nearly three decades building distinguished legal careers. They now continue their partnership at Selendy Gay PLLC, founded in 2018, which has quickly grown into one of the nation's leading litigation firms, recovering more than $47 billion for their clients.
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May 30, 2025
IT Contractor's Retainer Deposit Enough To Keep Ch. 11 In NY
A New York bankruptcy judge ruled Friday that information technology contractor Sysorex Government Services Inc.'s retainer on deposit for its Chapter 11 counsel was enough to establish venue in New York, rejecting an attempt by the U.S. Trustee's Office to get the proceeding moved to another court.
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May 30, 2025
Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt
Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
Under The Radar: Bankruptcy News You May Have Missed
A creditors committee objected to Party City's liquidator, Gordon Brothers, being classified as an estate professional entitled to funds in the retailer's bankruptcy. Blue Cross Blue Shield of Massachusetts challenged Steward Health Care's Chapter 11 liquidation plan, and the debtor proposed a revised plan featuring a settlement. And customer loyalty company Kognitiv moved to dismiss its Chapter 11 case, saying it has nothing left to sell.
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May 29, 2025
Montgomery McCracken Wins $680K Fees From Ch. 11 Client
A group of property development companies that Montgomery McCracken Walker & Rhoads LLP represented through years of bankruptcy reorganization still owe the firm $680,000, a Pennsylvania federal judge ruled Wednesday.
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May 29, 2025
Stevens & Lee Adds Montgomery McCracken Bankruptcy Atty
Stevens & Lee announced Thursday it has hired an attorney who formerly worked at Montgomery McCracken Walker & Rhoads LLP to bolster its bankruptcy and financial restructuring group in Delaware.
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May 29, 2025
South Korean Insurer Sues To Enforce $14M Judgment In NY
The Korea Deposit Insurance Corp. has urged a New York federal court to recognize and enforce a $14.4 million judgment it secured in South Korea against a man who defaulted on a bank loan.
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May 29, 2025
Burr & Forman Brings On McCarter & English Bankruptcy Atty
Burr & Forman LLP has added a bankruptcy attorney from McCarter & English LLP to its Wilmington, Delaware, office to advise clients in corporate reorganizations and litigation in Chapter 11 and Chapter 7.
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May 29, 2025
Fiber Developer Tilson Hits Ch. 11 With Over $100M In Debt
Fiber network developer Tilson Technology Management Inc. and affiliates filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $100 million to $500 million in debt, claiming a client's recent failure to pay the company for work it performed had left it starved of cash and new investment.
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May 28, 2025
Government IT Provider Blamed Its Ch.11 On DOGE Cuts
Funding shortfalls, a six-figure judgment from a vendor and uncertainty over potential budget cuts from the White House's Department of Government Efficiency led government IT contractor Sysorex Government Services Inc. to file for Chapter 11 bankruptcy protection, according to the debtor.
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May 28, 2025
Catching Up With New Bankruptcy Case Action
A group of entities related to New York landlord Pinnacle Group filed for Chapter 11 protections, a clutch of companies owned by a real estate investor sentenced to jail for a scheme that defrauded Fannie Mae filed for bankruptcy protection in New Jersey, and a Canadian aluminum trader struggling to restructure filed bankruptcy in the U.S. and Canada.
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May 28, 2025
Judge Rejects Johns Hopkins Unit's Claim FCA Suit Is Untimely
A Maine federal judge on Wednesday denied Johns Hopkins Medical Services Corp.'s bid to dismiss a False Claims Act suit as untimely, ruling it must face allegations it failed to report being overpaid for healthcare services for military personnel, retirees and their families.
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May 28, 2025
Calif. Hotel Operator Sued By JV Partner In Ch. 11 Case
The joint venture partner of a bankrupt California hotel owner-operator lodged an adversary complaint against the company in its Chapter 11 bankruptcy case in Delaware, urging the court to transfer several of the joint venture's California properties.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
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May 28, 2025
Exactech Delays Ch. 11 Plan Hearing For Settlement Talks
Joint implant maker Exactech Wednesday adjourned what could have been a long and contested Chapter 11 plan confirmation hearing in Delaware, saying it began talks to settle a blitz of objections in the case.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.