Mid Cap
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March 06, 2025
Cobalt Miner Gets OK For Debt-For-Equity Swap Ch. 11 Plan
A Texas bankruptcy judge Thursday approved the reorganization plan of Australia-based cobalt mining and refining group Jervois Mining Ltd., overruling a shareholder objection about the case's speed and U.S. ties.
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March 06, 2025
Skin Care Tech Co. Heading For April Ch.11 Plan Hearing
A Texas bankruptcy judge Thursday gave skincare and beauty technology company Cutera Inc. permission to draw on $15 million in Chapter 11 financing as it moves toward a mid-April hearing for its prepack debt-swap reorganization plan.
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March 06, 2025
Adams Accuser's Bankruptcy Unlikely To End Sex Assault Suit
A state judge on Thursday heaped skepticism on New York City's bid to dismiss a sexual harassment lawsuit against Mayor Eric Adams based on the accuser filing for bankruptcy, noting a federal judge has now directed a trustee to pursue the claims.
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March 06, 2025
Rising Costs, Falling Traffic Push Tex-Mex Chain Into Ch. 11
Soaring inflation, rising labor costs and declining customer traffic have forced restaurant chain On The Border Mexican Grill & Cantina to file for bankruptcy, making it the latest U.S. casual dining brand to struggle under mounting financial pressure.
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March 06, 2025
Energy Engineering Firm ENGlobal Files Ch. 11 With $9M Debt
Engineering firm ENGlobal Corp., which focuses on assisting the energy sector, filed for Chapter 11 protection with a group of subsidiaries in Texas and carrying nearly $9 million in debt.
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March 06, 2025
Bankruptcy Court's Input Sought In Judge Romance Row
A federal judge asked a Texas bankruptcy court to determine if the CEO of a now-bankrupt barge company has standing to sue over a former judge's secret romance with a Jackson Walker partner.
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March 06, 2025
Retiring Mich. Chief Judge Helped Mediate Detroit Bankruptcy
U.S. District Judge Sean F. Cox, the Eastern District of Michigan's chief judge, has informed President Donald Trump he will retire on July 27, according to an update posted on the federal judiciary's website on Thursday.
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March 06, 2025
New York Real Estate Cos. Seek Ch. 11 Protection
Two real estate companies facing foreclosure litigation sought bankruptcy protection in New York each listing at least $10 million in debt.
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March 05, 2025
Meet The Attorneys Helping Exela Process Its Ch. 11
A team of Lathan & Watkins LLP's top bankruptcy lawyers are helping about 60 units of business process automation firm Exela Technologies Inc. through Chapter 11 in Texas, while a trio of attorneys from Hunton Andrews Kurth LLP in Houston are also serving as debtor's counsel.
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March 05, 2025
Diamondhead Casino Creditors Say Ch. 7 Is Only Path
A group of creditors that forced casino developer Diamondhead Casino into a Delaware Chapter 7 case said in a post-trial brief the proceeding should stay in place because it is the best chance for all creditors to receive recoveries on their claims against the debtor, which has been unable to monetize its assets for years.
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March 05, 2025
NY Nursing Home Cold Spring Pushes Asset Sale Approval
Long Island nursing home Cold Spring Acquisition LLC on Wednesday asked a New York bankruptcy court to approve its asset sale and grant receivership to a proposed buyer, saying it has reached an agreement with both the potential buyer and its union, which had previously opposed the sale.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Corsa Coal Drops Bid Dispute Ahead Of Ch. 11 Auction
Bankrupt coal miner Corsa Coal Corp. withdrew its emergency motion accusing a competitor and potential bidder for its assets of using confidential information to scare Corsa's largest customers and win business from its trucking providers.
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March 05, 2025
NJ Hospital System Gears Up For Ch. 11 Plan Fight
CarePoint Health's Chapter 11 plan will likely face stiff objections at a hearing next week that could include up to 10 witnesses, attorneys told a Delaware bankruptcy judge Wednesday.
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March 05, 2025
Bradley Arant Adds Parker Hudson Bankruptcy Ace In Atlanta
Bradley Arant Boult Cummings LLP has brought on a Parker Hudson Rainer & Dobbs LLP partner, who is based in Atlanta, to strengthen its bankruptcy and creditors' rights practice.
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March 05, 2025
After Purdue, Bankruptcy Courts Split On Consent Question
The U.S. Supreme Court's decision in June to reject nonconsensual third-party releases in the Chapter 11 plan of Purdue Pharma LP ignited a national debate over a question fundamental to current bankruptcy practice: What counts as consent?
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March 05, 2025
Skin Care Tech Co. Files Ch. 11 With $400M Prepackaged Plan
Skin care and beauty technology company Cutera Inc. filed for Chapter 11 protection in a Texas bankruptcy court Wednesday with over $429 million in debt and a prepackaged debt-swap plan to cut that number by nearly $400 million.
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March 04, 2025
Catching Up With New Bankruptcy Case Action
A sweatshirt maker launched a Chapter 11 case about a year after an $18 million intellectual property verdict. A clean energy project developer filed for Chapter 7 liquidation. A landscaping plant grower went bankrupt with plans to sell its assets. A supplier of Lockheed Martin and Boeing hit bankruptcy, saying it was undone by quality control issues. And yet another company in the electric vehicle industry rolled into bankruptcy court.
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March 04, 2025
Judge Says She'll Ask What 'Nobody Else Will' In Romance Suit
A federal judge expressed incredulity Tuesday that Jackson Walker didn't press its former partner harder to get the exact dates of her relationship with a former bankruptcy judge when allegations of their relationship came to light in 2021.
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March 04, 2025
Meet The Attorneys Directing Azzur Group's Ch. 11
A team of lawyers from DLA Piper is advising pharmaceutical consulting firm Azzur Group as the company pursues an asset sale in its Delaware bankruptcy case.
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March 04, 2025
Calif. Trucking Co. Facing Calls To Liquidate
A Texas bankruptcy judge Tuesday said he will consider motions to convert Kal Freight's bankruptcy to a Chapter 7 liquidation after hearing that the trucking company is trying to finalize a partial asset sale as the basis for a wind-down in Chapter 11.
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March 04, 2025
NS8 Proposes $2.1M Deal To Settle Ch. 11 WARN Act Suit
The litigation trustee appointed under the Chapter 11 plan of cybersecurity firm NS8 Inc. and a class of fired employees seeking a payout related to their terminations have jointly proposed a settlement that would grant the employees $2.1 million.
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March 04, 2025
Liberated Brands Gets Nod For Ch. 11 Bidding Procedures
A Delaware bankruptcy judge said Tuesday she will allow Liberated Brands LLC, an outdoors and athletic clothing retailer, to implement its proposed bidding process for a liquidation once the company revises a proposed order.
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March 04, 2025
3 Kasowitz Financial Litigators Leave BigLaw For NY Boutique
Litigation boutique Pallas Partners LLP has brought on three New York-based litigators from Kasowitz Benson Torres LLP to strengthen its commercial and financial litigation capabilities on both sides of the Atlantic, the firm said Tuesday.
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March 04, 2025
Kane Russell Launches Austin Shop With 6-Atty Team
Texas law firm Kane Russell Coleman Logan PC announced Tuesday that it is opening its third location with a shop in Austin, and is adding six attorneys from Holland & Knight LLP and Ross Smith & Binford PC.
Expert Analysis
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Del. Insurance Co. Liquidation Reveals Recovery Strategies
Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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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.