Mid Cap
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April 14, 2025
Fulcrum's Ch. 11 Plan Approved Following Asset Sales
Waste-to-fuel recycler Fulcrum Bioenergy received approval Monday for its Chapter 11 plan of liquidation following a surprisingly successful sale process, debtor's counsel said.
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April 14, 2025
Debt Deals On The Rise, Purdue Can Begin Claims Processing
A Texas district court, not a bankruptcy court, will oversee the U.S. trustee's efforts to claw back millions in legal fees paid to Jackson Walker over an undisclosed relationship between an attorney and bankruptcy judge; out-of-court debt deals eclipsed Chapter 11s by a 4-to-1 ratio last year; and drug manufacturer Purdue Pharma can begin processing claims ahead of a Chapter 11 confirmation hearing. This is the week in bankruptcy.
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
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April 14, 2025
Wealth Management App Developer Hits Ch. 11 In Delaware
The developer of a wealth management software app filed for Chapter 11 in Delaware bankruptcy court on Monday, seeking to wind down after its Australian parent company collapsed last year.
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April 14, 2025
Women's Healthtech Co. Chiaro Files Ch. 15 In Delaware
British women's healthtech company Chiaro Technology Ltd. has filed for Chapter 15 recognition in Delaware bankruptcy court, seeking acknowledgment of an insolvency proceeding in the United Kingdom through which it aims to manage its American assets while pursuing a sale to a competitor.
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April 14, 2025
Recycling Co. Brightmark Gets Final OK For Ch. 11 Financing
A Delaware bankruptcy judge on Monday agreed to grant final approval of an Indiana recycling plant operator's request to borrow money from its parent company to fund its Chapter 11 case, after the debtor reported it resolved an objection from bondholders.
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April 14, 2025
Meet The Attys Helping Kognitiv Handle Its Ch. 11
Customer loyalty platform Kognitiv US LLC has tapped lawyers from Faegre Drinker Biddle & Reath LLP to oversee its journey through Chapter 11 as it pursues an asset sale to another company in the same field.
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April 11, 2025
Azzur Gets OK To Seek Votes On Ch. 11 Plan
Azzur Group, which offers services for pharmaceutical developers, can seek votes on its Chapter 11 liquidation plan after the $56 million sale of its consulting business was approved Friday.
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April 11, 2025
Under The Radar: Bankruptcy News You May Have Missed
The Texas Attorney General asked for a consumer privacy ombudsman in 23andMe's Ch. 11 case; The Chapter 11 trustee handling Chinese exile Miles Guo's estate balked at an appeal against a decision advancing dozens of clawback proceedings; and a Delaware bankruptcy judge dismissed the Chapter 7 case of electronics recycler Camston Wrather at the request of the estate trustee.
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April 11, 2025
Publishers Clearing House Cleared To Pay Prizes In Ch. 11
Bankrupt sweepstakes company Publishers Clearing House received approval for a slate of first-day motions Friday from a New York judge, including a request to continue paying prepetition obligations to prize winners amounting to about $475,000 over the next 30 days.
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April 11, 2025
Nikola Corp. Gets OK For $30M Arizona Factory Sale
A Delaware bankruptcy judge Friday gave electric vehicle and hydrogen fueling technology maker Nikola Corp. the go-ahead to sell its Arizona factory and headquarters to electric carmaker Lucid Motors for $30 million.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
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April 11, 2025
White Forest Gets OK To Sell Coal Mine For $21M In Ch. 11
A Delaware bankruptcy judge on Friday approved coal producer White Forest Resources Inc.'s sale of a West Virginia mine for a total price of about $21 million.
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April 10, 2025
Kal Freight Ch. 11 Plan OK'd After Effective Date Pushed Back
A Texas bankruptcy judge said Thursday he would confirm the Chapter 11 liquidation plan of trucking company Kal Freight, after the proposal's effective date was delayed a week to give the debtor more time to return trucks and trailers to lenders.
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April 10, 2025
Judge Isgur To Mediate Sorrento Ch. 11 Dispute
One of the most prominent bankruptcy judges in the United States is mediating a dispute between the liquidating trustee for biopharmaceutical company Sorrento Therapeutics Inc. and a unit of B. Riley Financial as the parties try to reach a settlement to avoid litigation.
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April 10, 2025
Publishers Clearing House's 70-Year Road To Bankruptcy
After seven decades that took it from a family business selling magazine subscriptions out of a basement to a billion-dollar e-commerce enterprise, Publishers Clearing House is writing big checks to bankruptcy professionals after finally meeting market changes it couldn't handle.
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April 10, 2025
Paper Towel Co. Royal Paper OK'd To Tap Part Of Its DIP Loan
A Delaware bankruptcy judge on Thursday gave interim approval for Arizona-based Royal Interco LLC, which supplies private-label paper products for grocery chains including Trader Joe's and Aldi, to tap part of a $10 million debtor-in-possession loan facility as the company moves toward a sale process.
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April 10, 2025
CarePoint Fights To Confirm Tweaked Ch. 11 Plan
The operator of three New Jersey hospitals said Thursday that its revised Chapter 11 plan fixes or buys time to address issues that a Delaware bankruptcy judge flagged coming out of a three-day confirmation hearing last month.
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April 10, 2025
Judge Romance Fee Disputes Moved From Bankruptcy Court
A Texas federal district court agreed to preside over a suit brought by the U.S. Trustee's Office to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a one time-partner from the firm.
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April 10, 2025
Carlton Fields Beats DQ Bid In Fla. $500M Miss America Suit
A Florida federal judge denied a bid to disqualify Carlton Fields in a $500 million lawsuit over the ownership of the company that runs the Miss America pageant, saying such a remedy is extraordinary, and that the allegations are "scattered and speculative."
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April 10, 2025
Gunster Adds Byrd Campbell Litigation Atty In Orlando
Florida business law firm Gunster has added a new shareholder with expertise in complex commercial litigation, bankruptcy law and creditors' rights matters to its Orlando office from Byrd Campbell PA.
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April 10, 2025
Brazilian Sugar Producer Hits Ch. 15 In NY With $735M Debt
Brazilian sugar producer and distributor Virgolino de Oliveira SA has filed for Chapter 15 protection in New York bankruptcy court with $735 million in debt.
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April 09, 2025
GenapSys Admin Says Paul Hastings Claims Not Barred
The administrator overseeing the liquidation of GenapSys asked a Delaware bankruptcy judge Wednesday to rule that the gene sequencing technology company's Chapter 11 plan preserved its rights to sue its former attorneys at Paul Hastings LLP for malpractice.
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April 09, 2025
Ch. 11 Filings Surge In March, While Small Biz Filings Flat
A new report shows that Subchapter V filings have leveled off after the debt limit for the streamlined restructuring method was reduced in June, as experts warned that the lower threshold could push businesses to either more expensive Chapter 11 filings or out of business.
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April 09, 2025
Cross & Simon OK'd To Duck Out Of Team Systems Ch. 7 Suit
A Delaware bankruptcy judge on Wednesday approved law firm Cross & Simon LLC's request to withdraw as counsel to former Team Systems International executives in an adversary case brought by the insolvent government contractor's Chapter 7 trustee.
Expert Analysis
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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.
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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.