Large Cap
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January 24, 2025
Under The Radar: Bankruptcy News You May Have Missed
The daughter of bankrupt Chinese exile Miles Guo is fighting a contempt bid brought by the Chapter 11 trustee of her father's estate. Brazilian airline Gol Linhas and Spirit Airlines are seeking to implement third-party releases in their respective Chapter 11 plans. And bankrupt financial technology company Synapse appears to be the subject of a grand jury investigation.
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January 24, 2025
FDIC Wins Discovery Bid In SVB Fraud Coverage Row
A Chubb unit must give certain documents to Silicon Valley Bank's former parent SVB Financial Group regarding coverage for a fraud that SVB Financial said caused $73 million in losses, a North Carolina federal court ruled Friday, though relieving an excess insurer of doing the same.
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January 24, 2025
Exactech Execs Get OK For Bonuses In Bankruptcy
A Delaware bankruptcy judge on Friday gave bankrupt medical implant manufacturer Exactech permission to pay its top executives up to $5 million in bonuses based on the result of its upcoming asset auction.
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January 24, 2025
Watchdog Flags Steward's Bid To Add Latham To Ch. 11 Case
Steward Health Care can't hire Latham & Watkins as the second law firm in its Chapter 11 case, the Office of the U.S. Trustee has told a Texas bankruptcy judge, saying it would add to a growing list of administrative claims that could get in the way of confirming a reorganization plan.
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January 24, 2025
Sackler Injunction Extended Ahead Of New Purdue Ch. 11 Plan
A New York bankruptcy judge agreed Friday to extend an injunction blocking litigation against the former owners of Purdue Pharma for another month after being told a deal on a new Chapter 11 plan for the OxyContin maker is imminent.
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January 24, 2025
Eletson Ex-Owners Must Comply With Ch. 11 Plan, Judge Says
A New York bankruptcy judge on Friday ruled former shareholders and executives of Greek shipping group Eletson Holdings Inc. must comply with the court's confirmed Chapter 11 plan, directing them to assist in updating the reorganized company's address of record with the Liberian International Ship & Corporate Registry.
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January 24, 2025
Discount Retailer 99 Cents Confirms Ch. 11 Wind-Down Plan
99 Cents Only, a former California-based discount store, received a Delaware bankruptcy judge's approval Friday to wind down its affairs under a Chapter 11 plan based on a deal reached between its unsecured creditors, secured noteholders and the debtors.
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January 24, 2025
5th Circ. Serta Ruling Gives Grist For Lenders Left Behind
A Fifth Circuit decision rejecting mattress maker Serta Simmons' controversial "uptier" exchange offers new ammunition for an array of investors excluded from non-pro rata debt transactions, a development that could curb favored creditors and private equity firms' appetite for deals marked by so-called lender-on-lender violence.
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January 23, 2025
Pivot To Conventional Oil Offers Hope For Reorganized Vertex
Fuel refiner Vertex has effectuated its plan to emerge from bankruptcy by recapitalizing with up to $100 million in new financing while handing equity to old lenders, and experts say it may fare better now by focusing on conventional oil production.
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January 23, 2025
Yellow Corp. Says It Acted In Good Faith With WARN Notices
Defunct trucking company Yellow Corp. told a Delaware bankruptcy judge on Thursday that its last delivery was made the day before it laid off 22,000 union workers, making it a "liquidating fiduciary" that would not be liable for inadequate mass-layoff notices under the WARN Act.
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January 23, 2025
Conn. Lawmakers Target Healthcare After Hospital's Ch. 11
In the lead-up to and aftermath of California hospital operator Prospect Medical Holdings Inc.'s $1 billion bankruptcy, Connecticut lawmakers are considering new regulatory powers, promising and penning oversight bills for hospitals owned by private equity firms and real estate trusts while seeking to stabilize the state's healthcare markets.
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January 23, 2025
Exactech Seeks Bonuses For Top Execs For Ch. 11 Sale
Bankrupt medical implant manufacturer Exactech asked a Delaware bankruptcy judge Thursday for permission to pay up to $5 million in bonuses to its top executives, saying they are performing necessary work for the company's sale plans.
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January 23, 2025
White And Williams' NY Office Head Named Bankruptcy Chair
The managing partner of White and Williams LLP's New York office has taken on the role of chair of the firm's financial restructuring and bankruptcy practice, where she plans to focus on improving the practice group's visibility while ensuring high quality of client service and helping its attorneys to excel.
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January 23, 2025
Chilean Phone Co. WOM Can Use Ch. 11 Plan Disclosure
Chilean mobile phone operator WOM SA received a Delaware bankruptcy court's approval of its Chapter 11 plan disclosure statement on Thursday after resolving all objections from the U.S. trustee and an ad hoc group of noteholders regarding the plan releases and creditors' rights.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
Prospect Seeks To Move Conn. Hospital Sale Suit To Texas
National hospital chain Prospect Medical Holdings on Wednesday told a Connecticut federal judge that its recent Texas bankruptcy filing means a suit over a collapsed $435 million deal to sell its Connecticut-based hospitals belongs in Texas bankruptcy court.
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January 22, 2025
Billionaire Debtor's Daughter Loses Appeal Over Jet Sale
The daughter of bankrupt billionaire Miles Guo on Tuesday lost her appeal of a Connecticut bankruptcy judge's ruling that the $10 million she reaped from the sale of a private jet is the property of her father's estate because he was the beneficial owner of the plan.
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January 22, 2025
Pa. Justices Revive Case Over Hospital Care Discontinuation
Pennsylvania's highest court on Wednesday ruled a trial court had reasonable grounds to halt plans by now-bankrupt hospital operator Prospect Medical Holdings Inc. to discontinue emergency and acute care services at a Delaware County facility.
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January 22, 2025
Alex Jones Asks Conn. Justices To Review Sandy Hook Case
Infowars host Alex Jones has asked Connecticut's highest court to review a $1.44 billion judgment for calling the Sandy Hook school massacre a "hoax," arguing his trial judge violated the state and federal constitutions by skipping causation, jumping straight to a default liability judgment and adding damages without proof.
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January 22, 2025
Catching Up With New Bankruptcy Case Action
Crafts retailer Joann Inc. has filed for Chapter 11 protection for a second time in less than a year, and plans to either sell its assets or liquidate the business. Mondee, an AI-supported travel agency app maker, has hit bankruptcy court with $49 million in financing provided by existing lenders. A New Zealand-based developer of AI-powered actuarial software, Montoux, is seeking Chapter 15 bankruptcy recognition in Delaware, attributing its financial strain to ongoing trade secrets litigation against the company.
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January 22, 2025
Bankruptcy Judge Greenlights Suit Against Celsius Founder
A New York bankruptcy judge has ruled a suit alleging Celsius Network founder and former CEO Alex Mashinsky caused the now-bankrupt cryptocurrency lender billions in damages can go forward in the wake of Mashinky's guilty plea to federal fraud charges.
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January 22, 2025
Nixed Invitae Asset Buyer Asks Ch. 11 Court To Stop Litigation
Genetic testing company Natera has launched an adversary lawsuit against Invitae, a competitor that sought insolvency protection last year, asking a New Jersey bankruptcy judge to stop Invitae's Chapter 11 plan administrator from collecting payments owed under a rejected contract.
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January 21, 2025
Yellow Corp. Teamsters Trial Opens With Some Settlements
Defunct trucking company Yellow Corp. said it has reached a settlement with some former employees who claimed they were terminated without proper notice, as the debtor began a trial in Delaware bankruptcy court that is now focused solely on WARN Act claims from unions.
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January 21, 2025
Judge OKs Deal To Keep Some American Freight Stores Open
A Delaware bankruptcy judge on Tuesday approved a sale in Chapter 11 that will keep the lights on in more than two dozen American Freight home furnishing stores by transferring their leases from the bankrupt Franchise Group.
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January 21, 2025
Giuliani Settles Asset Turnover, FDIC Sues SVB Ex-CEO
Rudy Giuliani has turned over assets for a $148 million defamation judgment to former Georgia poll workers, following his absence at a recent trial. A Delaware bankruptcy judge criticized Dormify's founder for skipping a hearing on the retailer's Chapter 11 case. The FDIC sued Silicon Valley Bank's ex-CEO and other executives, alleging they mismanaged the company in the lead-up to its collapse in 2023. Meanwhile, a failed bidder for Alex Jones' Infowars increased its offer, as The Onion's parent company prepared a revised bid of its own.
Expert Analysis
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Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.