Large Cap
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May 21, 2025
Conn. Diocese Ch. 11 Plan Approved With $31M Abuse Fund
A Connecticut bankruptcy judge on Wednesday approved the Chapter 11 plan of the Norwich Roman Catholic Diocese, clearing the way for survivors of childhood sexual abuse at the hands of priests and religious brothers to be compensated through a $31 million settlement fund.
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May 21, 2025
Chancery Orders Nominating Do-Over For Ionic Board Vote
Citing overwhelming trial evidence, a Delaware vice chancellor on Wednesday told bankrupt Celsius Network's Ionic Digital successor to reopen a board nomination window after finding that the company wrongly eliminated one of two director seats ahead of an election in a defensive move targeting dissident candidates.
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May 21, 2025
Meet The New Mediator In The Guo Ch. 11 Case
New York Eastern District Chief Bankruptcy Judge Alan S. Trust has been tapped to bring his 17 years of experience on the bench to bear on the mediation of claims that Chinese exile Miles Guo has been attempting to hide assets in his Connecticut bankruptcy case.
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May 21, 2025
Rite Aid Cleared To Sell Pharmacy Assets To CVS, Others
A New Jersey bankruptcy judge Wednesday gave drugstore chain Rite Aid the go-ahead to transfer millions of prescriptions and dozens of stores to CVS, Walgreens and other pharmacy businesses in Chapter 11 transactions.
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May 21, 2025
Biofuel Co. Is Trying To 'Short Circuit' Ch. 11, Committee Says
Unsecured creditors of biofuels group Global Clean Energy Holdings Inc. urged a Texas bankruptcy judge to reject GCE's funding package and reorganization plan disclosure statement, saying the case is dictated by tight milestones that will "short circuit" the Chapter 11 process.
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May 21, 2025
Guo Ch. 11 Trustee Seeks $2.4M From Maryland Law Firm
The Chapter 11 trustee handling Chinese exile Miles Guo's bankruptcy in Connecticut has filed an adversary proceeding seeking over $2.4 million from Maryland-based law firm Schulman Bhattacharya LLC, alleging the firm received payments from Guo's shell companies both before and after Guo filed for bankruptcy.
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May 21, 2025
Sheppard Mullin Lands Alston & Bird, Dechert Attys
Sheppard Mullin Richter & Hampton LLP has brought on a former Alston & Bird LLP partner in its Dallas office and a former Dechert LLP partner in its San Francisco office, strengthening the firm's finance and bankruptcy practice and business trial practice.
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May 20, 2025
Brazilian Airline GOL Linhas Seeks Ch. 11 Plan Confirmation
Brazilian airline Gol Linhas Aéreas Inteligentes SA on urged a New York bankruptcy judge to confirm its fifth modified and third amended Chapter 11 plan, through which it proposes to slash $2.5 billion in debt.
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May 20, 2025
Crypto Co. Genesis Sues Parent Co. Over $1.2B In Transfers
Genesis Global Capital, a crypto lender that filed for bankruptcy in 2023, is now suing its parent company in bankruptcy court, seeking to recover more than $1.2 billion that the lender says was transferred to insiders while the company was insolvent and headed for Chapter 11.
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May 20, 2025
Franchise Group Says Ch. 11 Plan Cuts $1.5B In Debt
Bankrupt retail franchise owner and operator Franchise Group Inc. told a Delaware judge on Tuesday that its proposed Chapter 11 plan would slash $1.5 billion from its balance sheet while positioning the business to emerge with 1,700 retail locations intact.
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May 20, 2025
Diamond Sports' Former Owner OK'd For $9.8M Ch. 11 Claim
Reorganized sports broadcaster Diamond Sports Group must pay its former parent company, Sinclair Inc., $9.8 million, a Texas bankruptcy judge ruled Tuesday, partially granting a challenged Chapter 11 administrative expense claim from a management transition agreement.
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May 20, 2025
Catching Up With New Bankruptcy Case Action
Two Canadian companies, one a geothermal energy business and another that recycles batteries, sought Chapter 15 protection in the U.S. A biotechnology research company filed for Chapter 11 protection in Ohio after failing to generate enough revenue to maintain its capital-intensive operations. And a not-for-profit New York City private school launched a Chapter 11 case as it faces closure.
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May 20, 2025
Disbarred Atty Turns Informant In Debt Firm Bankruptcy Battle
Two years after his debt relief law firm collapsed amid allegations he stole approximately $250 million from clients and investors, disbarred California attorney Tony Diab recently began telling a court-appointed bankruptcy trustee everything he did — and where the money went. The trustee has used this information to file dozens of lawsuits. But can Diab be trusted?
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May 19, 2025
Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say
Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.
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May 19, 2025
Binance Calls FTX Ch. 11 Clawback Suit 'Legally Deficient'
Binance has asked a Delaware bankruptcy judge to dismiss FTX's lawsuit seeking to recover $1.76 billion that was transferred to Binance, accusing the estate of FTX of trying to "shift the blame" for that company's November 2022 collapse.
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May 19, 2025
Irish Developer Inks $1.9M Deal With Ex Amid Conn. Ch. 7
The Chapter 7 trustee for Irish real estate developer Sean Dunne has agreed to settle for $1.9 million prepetition bankruptcy claims by Jennifer Coyle, a woman who said she was Dunne's first wife, capping what was originally a €3.6 million ($4.1 million) series of claims.
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May 19, 2025
Rite Aid Touts Pharmacy Sales, Yellow's $14M Sales OK'd
Rite Aid Corp. announced proposed deals to hand off pharmacy assets to operators including CVS and Walgreens in its Chapter 11. Defunct trucking company Yellow Corp. obtained bankruptcy court permission to sell for about $14 million. Forever 21 said it is likely to liquidate and hasn't found a buyer, then got the OK to take votes on its Chapter 11 plan.
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May 19, 2025
Avon Gets OK To Take Votes On Ch. 11 Plan With Talc Claims
A Delaware bankruptcy judge on Monday gave cosmetics seller Avon Products Inc. the go-ahead to solicit votes on a Chapter 11 liquidation plan, overruling an insurer's objection to the debtor's bid to allow talc claims for voting purposes.
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May 19, 2025
Proskauer Adds Another M&A Atty In NYC From Ropes & Gray
Proskauer Rose LLP announced Monday that it has brought another Ropes & Gray LLP attorney specializing in distressed mergers and acquisitions to its New York office.
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May 19, 2025
Rite Aid Hit With Proposed Class Action Over Layoffs
Rite Aid workers who were laid off in early May have filed a proposed class action against the pharmacy chain in New Jersey bankruptcy court, alleging the company failed to provide required notice to more than 300 corporate employees it terminated as it descended into Chapter 11.
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May 16, 2025
Bankrupt Steward Fights With Healthcare Providers Over $34M
Hospital chain Steward Health Care was in a Texas bankruptcy court Friday in a fight with Massachusetts and Florida healthcare providers over more than $34 million Steward claims is part of its bankruptcy estate.
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May 16, 2025
Real Estate Recap: Gold Card, Hospitality, Revolving Door
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into the "Gold Card" visa program, the hospitality sector's reaction to tariffs, and the path from in-house attorney to private practice.
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May 16, 2025
What's Happening In Bankruptcy Court In The Coming Week
In the coming week, Delaware bankruptcy judges will hear arguments on asset sales by educational technology company Epic Creations Inc. and retailer Dormify, as well as a Chapter 11 plan by pharmaceutical services company Azzur Group and a disclosure statement by satellite company Ligado Networks.
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May 16, 2025
Gol Linhas Says It Exceeded $1.9B Ch. 11 Exit Finance Goal
Brazilian airline Gol Linhas on Friday announced it overshot its goal of finding buyers for all $1.9 billion in exit financing notes it will issue under its proposed Chapter 11 plan, causing it to trim back the interest rate and reduce the commitment it got in a creditor deal earlier this month.
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May 16, 2025
Rite Aid Gets 9-Member Ch. 11 Creditors' Committee
The Office of the U.S. Trustee has appointed a nine-member committee of unsecured creditors in the Chapter 11 case of retail pharmacy Rite Aid, including the federal entity tasked with protecting pension plans as well as a Pennsylvania pharmaceutical company.
Expert Analysis
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.
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Bankruptcy Judges Can Justly Resolve Mass Tort Cases
Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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11th Circ. Ruling May Foreshadow Ch. 15 Clashes
The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.
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What Lies Behind Diverging US And UK Insolvency Trends
Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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How Banks Can Preserve Value Amid Corporate Default Surge
Amid a busy time for corporate bankruptcies, banks need a nuanced understanding of contractual rights, regulatory frameworks and evolving legal developments to protect and preserve their rights and interests, say attorneys at Phelps Dunbar.
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Key Priorities In FDIC Report On Resolving Big Bank Failures
The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.