Mid Cap
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May 01, 2025
E-Commerce Service Provider Digital River Files For Ch. 7
Digital River Marketing Solutions Inc., an e-commerce services firm based in Minnesota, filed for Chapter 7 on Thursday, citing approximately $45.2 million in secured debt and less than $50,000 in assets.
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April 30, 2025
Shareholders Seek Broader Investigation In Silvergate Ch. 11
A group of investors in the bankrupt parent of Silvergate Bank have asked a Delaware bankruptcy judge to broaden the scope of a court-ordered probe of potential litigation claims against insiders after an examiner found flaws in the debtor's internal investigation.
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April 30, 2025
Akoustis Gets OK For $30M Sale To SpaceX Subsidiary
A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.
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April 30, 2025
Meet The Attys Leading Creativemass' Ch. 11
A team of lawyers from Pashman Stein Walder Hayden PC is leading the bankruptcy case of Creativemass, the developer of a wealth management software app, as the business looks to wind down after its Australian parent company collapsed last year.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Texas Panel Backtracks In Nate Paul's Receiver Row
A Texas appellate court revoked its prior ruling and backed a lower court ruling that allowed an attorney acting as a receiver in one suit to take over as counsel in another suit for a company belonging to real estate investor Nate Paul, permanently dismiss its claims and counterclaims, and reach a settlement.
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April 29, 2025
Catching Up With New Bankruptcy Case Action
A biotechnology firm that develops specialized molecules called it quits after 24 years. Two memory care facilities hit Chapter 11, marking the second and third such operations in their owner's portfolio to do so in less than a year. And an Italian restaurant chain headed back to bankruptcy court for its third time.
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April 29, 2025
23andMe Agrees To Privacy Ombudsman In Ch. 11
A Missouri bankruptcy judge on Tuesday signed off on a consumer privacy watchdog for 23andMe's Chapter 11 after the genetic testing group and 30 states agreed that a statutorily authorized ombudsman would be the best way to vet a Chapter 11 sale that includes 15 million users' DNA information.
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April 29, 2025
ABI Meeting Tackles Economy, Real Estate And AI
From commercial real estate distress and artificial intelligence in billing to current economic uncertainty, the American Bankruptcy Institute's annual spring meeting brought together lawyers, judges, scholars, financial professionals and others to discuss a range of topics.
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April 29, 2025
Benson Hill DIP Lenders Approved As Stalking Horse Bidder
A Delaware bankruptcy judge on Tuesday allowed high-protein soybean developer Benson Hill Inc. to designate its debtor-in-possession lenders as the stalking horse bidder in its Chapter 11 sale process, with the lenders intending to credit bid their $11 million DIP loan to purchase the company.
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April 29, 2025
Alex Jones Wants High Court Look At $1.3B Sandy Hook Case
Bankrupt Infowars host Alex Jones will ask the U.S. Supreme Court to invalidate a mammoth libel judgment that families of Sandy Hook shooting victims secured against him and his company over his conspiratorial broadcasts calling the massacre a hoax, he told a Connecticut appellate court in seeking to extend a pause on the payout.
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April 29, 2025
Pa. Attorney Gets 1 Year In Prison For Bankruptcy Fraud
A suspended attorney in the Philadelphia suburbs has been sentenced to a year and a day in prison after being convicted by a federal jury of participating in fraudulent schemes that involved stealing a house from a deceased couple's family.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Mexican Dolphin Experience CEO Denies Armed Takeover
The management of the Mexican affiliate of bankrupt aquatics park operator The Dolphin Co. on Tuesday told a Delaware bankruptcy judge that oversight of the affiliate is in dispute and that an armed confrontation alleged by the debtors involved police expelling trespassers.
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April 29, 2025
US Trustee Opposes Special Counsel Bid In Hotel Co.'s Ch. 11
The U.S. Trustee's Office asked a Delaware bankruptcy judge to reject a bid by the owner and operator of a hotel in Southern California to retain Buchalter PC in the hospitality company's Chapter 11 plan, saying the firm is disqualified.
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April 28, 2025
Akoustis Says $39M Ch. 11 Sales Don't Include Trade Secrets
Radio frequency filter maker Akoustis Technologies told a Delaware court that it should be allowed to move forward with planned sale transactions because concerns about trade secrets being improperly included in the assets to be sold have been addressed by a "cleansing" process.
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April 28, 2025
Imerys Ch. 11 Trial Abruptly Paused, Celsius Seeks Sanctions
Talc producer Imerys is nearing Chapter 11 plan confirmation after a trial commenced; a plan administrator for Celsius moved to impose sanctions in another crypto firm’s bankruptcy; and Prospect Medical secured court approval to close two facilities.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
DMK's Ch. 11 Overdose Drug Complaint Survives In Del.
A Delaware bankruptcy judge found that drug distributor US WorldMeds must face an adversary complaint from DMK Pharmaceuticals, which had accused the distributor of inadequate marketing of one of its products.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling
The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
Gibson Dunn Bankruptcy Pro Joins Cleary In NY
A former Gibson Dunn & Crutcher LLP attorney known for his work on high-profile restructurings has joined Cleary Gottlieb Steen & Hamilton LLP's New York office as a partner, the firm announced Monday.
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April 28, 2025
Scanrock Files Plan To Pay Debt With Property Sales
Hydrocarbon driller Scanrock Oil & Gas on Monday filed its Chapter 11 plan with a Texas bankruptcy court, saying it plans to pay off its secured lenders with the sale of its Oregon ranch and other creditors with other real estate sales and exit financing.
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April 28, 2025
Meet The Attys Helping Excell Communications During Ch. 11
Excell Communications Inc., a telecommunications infrastructure developer, has tapped lawyers from Uniondale, New York-based firm Ruskin Moscou Faltischek PC to aid its journey through Chapter 11 as the company seeks to focus on project management after it lost a key business relationship.
Expert Analysis
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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.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Why The Debt Maturity Wall Is Still A Figment, For Now
While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.