Mid Cap

  • April 19, 2024

    Small Business Ch. 11 Is Cheaper, More Efficient, Report Finds

    Small businesses that seek protection under a new subchapter of the U.S. Bankruptcy Code spend less money on their cases and approve reorganization plans both more often and more quickly, according to an American Bankruptcy Institute report released on Friday.

  • April 18, 2024

    Giuliani Wants To Hire Longtime Friend To Help With Ch. 11

    Former New York City Mayor Rudy Giuliani asked a New York bankruptcy judge to hire his friend of 50-some years and former White & Case LLP partner Kenneth Caruso as a special litigation counsel for the $148 million defamation suit he is facing from two Georgia election workers. 

  • April 18, 2024

    Careismatic Plans $782M Debt Equity Swap In Ch.11

    A New Jersey bankruptcy judge on Thursday approved the disclosure statement of medical scrubs distributor Careismatic Brands LLC, which outlined a plan to wipe out $782 million in secured debt and reflected an overall settlement earlier that day with multiple secured and unsecured creditor groups.

  • April 18, 2024

    Senate Bill Would Extend Small Biz Ch. 11 Debt Cap Increase

    A bipartisan group of U.S. senators are pushing new legislation that would prevent the current $7.5 million debt eligibility cap for Subchapter V bankruptcies, a simplified Chapter 11 process for small businesses and individuals, from reverting to the previous limit of $2.7 million in June.

  • April 18, 2024

    Judicial Ethics, Subchapter V Recs On Tap For ABI Meeting

    Restructuring professionals are gathering this week in Washington, D.C., for the annual spring meeting of the American Bankruptcy Institute, where they will hear about issues ranging from trends in debtor-in-possession financing to the impact of artificial intelligence on bankruptcy proceedings.

  • April 18, 2024

    5th Circ. Says Subchapter V Limits Apply To Businesses

    The Fifth Circuit has ruled that corporations are subject to the same restrictions on what debts they can have discharged through Subchapter V of the Bankruptcy Code's Chapter 11 as individuals using the streamlined insolvency process, countermanding a bankruptcy court's finding that the limitations didn't apply to a janitorial services provider.

  • April 18, 2024

    Bank Wants To Exit Suit Over $100M Of Special Needs Trusts

    American Momentum Bank has for the second time asked a Florida federal judge to let it get out of a lawsuit from the parents of a disabled child claiming it abetted a predatory scheme to misappropriate more than $100 million of special needs trust assets, saying the parents failed to show what role the bank played in the alleged misdeeds. 

  • April 18, 2024

    Bankrupt Oberweis Dairy Receives $20M Stalking Horse Bid

    Oberweis Dairy Inc. has received a $20 million stalking horse bid for its assets and hopes to attract other potential buyers, its attorneys said at a bankruptcy hearing Thursday in Chicago, where it also received interim approval of a $1 million debtor-in-possession loan from its senior prepetition lender.

  • April 18, 2024

    J. Singer Law Group Adds New Bankruptcy Of Counsel

    J. Singer Law Group PLLC has announced it hired bankruptcy attorney Ira Reid as the firm's new of counsel who will focus on its Chapter 11 bankruptcy practice.

  • April 18, 2024

    Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction

    Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.

  • April 17, 2024

    Ga. High Court Urged To Broaden Atty Malpractice Time Limit

    Counsel for an Atlanta restaurateur urged the Supreme Court of Georgia on Wednesday to revive a malpractice claim against his former lawyer by allowing for a more expansive statute of limitations when breach of contract claims enter the mix.

  • April 17, 2024

    Chancery Orders Invictus Fund Manager To Hand Over Docs

    A distressed credit and special situations fund that has battled its general partner and investment manager for months to hand over key records and documents won a partial victory in Delaware's Court of Chancery Wednesday when a vice chancellor found "repeated interference" with the fund's rights to information.

  • April 17, 2024

    Wilmington Trust Wants $33M For Defaulted Mortgage

    Wilmington Trust accused a company in Delaware federal court of owing more than $33 million for a defaulted mortgage loan for a Wilmington, Delaware, property.

  • April 17, 2024

    Kristen Bell's Baby Co. Proposes Ch. 11 Plan After $65M Sale

    Unconditional Love Inc., the baby-product company founded by actress Kristen Bell that does business as Hello Bello, filed a Chapter 11 plan and disclosure statement in Delaware bankruptcy court following a $65 million sale of its assets.

  • April 17, 2024

    Missouri Moves To Block Biden's Student Loan Relief Plan

    A Missouri-led state alliance wants a federal court to block further student loan relief planned by the Biden administration, claiming the president's lending forgiveness scheme will cost them hundreds of millions of dollars and is doomed to fail under U.S. Supreme Court precedent.

  • April 17, 2024

    Akerman Taps Longtime Fla. Partner As Bankruptcy Co-Chair

    Akerman LLP has named a Fort Lauderdale, Florida, partner with nearly three decades and a long history of leadership at the firm to co-chair its bankruptcy and reorganization group.

  • April 17, 2024

    4th Circ. Affirms No Shield From IRS For Home In Bankruptcy

    A North Carolina man who filed for bankruptcy protection and owes federal tax debt cannot shield the house he owns with his wife from the Internal Revenue Service, which is pursuing the asset as a creditor in the proceedings, the Fourth Circuit affirmed Wednesday.

  • April 16, 2024

    Canadian Trucking Biz Nears Consensus On US DIP Approval

    At a hearing on Tuesday in Delaware bankruptcy court, Canadian trucking company Pride Group appeared to reach a consensus with certain creditors that will allow it to gain provisional approval of its debtor-in-possession facility that already received the go-ahead in Canadian court.

  • April 16, 2024

    Ex-Parler Owner Files For Ch. 11 With Over $10M Debt

    The former owner of conservative-leaning Twitter alternative Parler filed for Chapter 11 protection in Delaware bankruptcy court Tuesday with more than $10 million in debt.

  • April 16, 2024

    Terraform Creditors Say All Clear To Hire Crypto Tracing Firm

    The creditors committee for bankrupt cryptocurrency startup Terraform Labs Pte. Ltd. said on Tuesday it had resolved the only issues the U.S. Trustee's Office had with the committee's request to hire an investment bank to advise it on tracing cryptocurrency in Terraform's Chapter 11 case.

  • April 16, 2024

    Biotech Co. NanoString Seeks OK For Ch. 11 Plan Vote

    Biotechnology company NanoString Technologies Inc. has asked a Delaware bankruptcy judge to send its Chapter 11 plan out for a creditor vote as it takes bids for its assets.

  • April 16, 2024

    Companies Wrongly Found Insolvent, Texas Court Rules

    A Texas appeals court on Tuesday reversed a decision by a lower court that named two companies partially owned by a real estate developer that filed for bankruptcy as insolvent as well, saying a state court "abused its discretion" by putting the two entities in receivership.

  • April 16, 2024

    Bankrupt Breast Implant Co. Submits Ch. 11 Plan Disclosures

    Bankrupt breast implant company Sientra Inc. has asked a Delaware bankruptcy court to approve the disclosure statement for its Chapter 11 reorganization plan, which provides for a wind-down of what is left of the company after $50.5 million worth of asset sales.

  • April 15, 2024

    Carey Remembered As Practical Judge With Great Demeanor

    Former Delaware bankruptcy Judge Kevin J. Carey, who died Thursday at the age of 69, is remembered by colleagues as a respectful, practical judge who lawyers looked forward to appearing in front of in court.

  • April 15, 2024

    US Trustee Wants Biotech Eiger's Ch. 11 Booted From Texas

    The U.S. Trustee's Office has asked a Texas bankruptcy judge to remove the Chapter 11 case of Eiger BioPharmaceuticals Inc. from the Lone Star State, saying the company cannot justify bringing it there.

Expert Analysis

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    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.

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Conn. Bankruptcy Ruling Furthers Limitation Extension Split

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    A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    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.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    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.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    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.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    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.

  • What Banks Should Know About FDIC Assessment Rule

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    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.