Mid Cap
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October 28, 2024
Judge Rejects Eletson's Ch. 11 Plan In Favor Of Creditors Plan
A New York judge confirmed a Chapter 11 plan from the creditors that petitioned to have shipping company Eletson placed in bankruptcy, after finding that the debtor's reorganization plan was not feasible.
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October 28, 2024
NJ Diocese Gets Insurer's Abuse Coverage Suit Tossed
A New Jersey federal court tossed an insurer's suit seeking to escape coverage for more than 200 sexual abuse lawsuits brought against the Catholic Diocese of Trenton, saying Monday the suit "relies on a strictly hypothetical controversy that may never occur."
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October 28, 2024
NYC Real Estate Week In Review
Gibson Dunn and Seyfarth Shaw are among the law firms that steered the largest New York City real estate deals that hit public records last week, a list headlined by a pair of Brooklyn deals above the $200 million mark.
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October 28, 2024
NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute
A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.
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October 28, 2024
NY Youth Welfare Org Picks Up $4M Bid For 12-Acre Campus
Longtime New York youth mental health services provider St. Christopher's Inc. has received a $4 million bid for its Dobbs Ferry residential campus in a Chapter 11 auction.
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October 28, 2024
Linklaters Adds 4 A&O Shearman Finance Partners In NY
Linklaters LLP announced Monday the addition of four partners from the recently merged Allen Overy Shearman Sterling to the firm's finance division, deepening its U.S. capital markets and restructuring offerings in New York.
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October 25, 2024
US Trustee Opposes NJ Building's Receiver Stipulation
The U.S. Trustee's Office is asking a New York bankruptcy judge to hold off a decision regarding the receivership of a New Jersey building owned by New York developer Moshe Gold until the judge decides what court the bankruptcy should be heard in, if any.
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October 25, 2024
Under The Radar: Bankruptcy News You May Have Missed
Brazilian airline GOL Linhas wants five more months to file a Chapter 11 plan, the U.S. trustee in Texas is champing at the bit to obtain documents from Jackson Walker LLP in connection with an investigation into ex-Judge David R. Jones, and talc claimants want another shot at moving the bankruptcy of a Johnson & Johnson unit out of Texas, the home of the divisional merger.
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October 25, 2024
Glocal, UpHealth May Settle $115M Award Feud
Indian healthcare services platform Glocal and bankrupt digital health services company UpHealth may be on the verge of resolving their bitter dispute over an ill-fated merger that resulted in a $115 million arbitral award, Glocal has informed an Illinois federal court in a recent request to stay enforcement proceedings.
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October 25, 2024
Texas Pipe Co. Gets OK For $14.5M Asset Sale
A Texas bankruptcy judge approved a $14.5 million sale of pipe distributor Tubular Synergy Group's assets to pipe manufacturer Centric Pipe LLC after it emerged as the top bidder in a Chapter 11 auction.
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October 25, 2024
Biolase Can't Hire Its Outside GC In Ch. 11, US Trustee Says
Dental procedure equipment maker Biolase Inc. cannot retain the company's longtime outside general counsel, Carroll & Carroll PC, as special counsel in its Chapter 11, the U.S. Trustee's Office has told the Delaware bankruptcy court, arguing the law firm would be conflicted and offer non-bankruptcy legal services.
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October 25, 2024
Spirit Airlines Eyes $80M In Cost Cuts Amid New Deal Rumor
Spirit Airlines will implement layoffs as part of a plan to cut roughly $80 million in costs and has agreed to sell 23 Airbus aircraft to GA Telesis for about $519 million, disclosing the measures as the company is said to be in renewed talks to potentially sell itself to Frontier Airlines.
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October 25, 2024
McGlinchey Stafford Adds Finance Litigation Pro In Tampa
McGlinchey Stafford PLLC made its first new hire in Tampa after opening the Florida office in early September with the addition of an of counsel for the financial services litigation group from Garbett Allen & Roza PA.
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October 25, 2024
Ex-Judge Can't Hide Bank Records In Romance Cash Probe
A Texas bankruptcy court on Friday shot down a former judge's bid to shield his banking records from a U.S. Trustee's Office inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner, giving Bank of America NA one week to provide six years of the former judge's bank statements.
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October 24, 2024
DOJ Says Bankrupt Wound Care Group Under Investigation
The U.S. Department of Justice on Thursday told a Texas bankruptcy judge it has concerns about the Chapter 11 filing of a California wound care practice, saying it has been under investigation for possible false billing claims for more than a year.
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October 24, 2024
3rd Circ. Says Retirement Funds Aren't Ch. 7 Estate Assets
A panel of the Third Circuit on Thursday upheld a New Jersey bankruptcy court's ruling that $1.7 million in retirement accounts are excluded from the Chapter 7 estate of an individual debtor and cannot be pursued by creditors.
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October 24, 2024
Behind The Ch. 11 Filing Of Rental Biz Fluid Trucking
Truck rental business Fluid Trucking is one of the latest companies to file for bankruptcy following a reversal of fortunes after the COVID-19 pandemic, in which the debtor blamed its "aggressive growth" strategy as being among the factors that led to bankruptcy.
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October 24, 2024
Alex Jones Atty Laments Sharing Sandy Hook Families' Info
The lead attorney in conspiracy theorist Alex Jones' Sandy Hook Elementary School defamation trial in Connecticut acknowledged Thursday that he "erred" when he allowed a hard drive containing the plaintiffs' confidential records to be transmitted to other attorneys, an act that led to ongoing disciplinary proceedings that threaten his law license.
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October 24, 2024
Morris Nichols' Bankruptcy Pro Being Promoted To Partner
Morris Nichols Arsht & Tunnell LLP announced Thursday that a bankruptcy attorney at the Delaware law firm will become the latest member of its partnership Jan. 1.
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October 24, 2024
Miami Development Site Draws $35M Stalking Horse Bid
A nearly 16-acre site along Biscayne Boulevard in Miami drew a $35 million stalking horse bid, setting the opening offer for the site ahead of a court-ordered sale in January.
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October 24, 2024
ConvergeOne Can't Ax Snubbed Creditors' Ch. 11 Plan Appeal
A Texas federal judge said he wouldn't toss an appeal by a group of secured creditors who say they were improperly iced out of a new equity offering pool for ConvergeOne, writing that the group's challenge wouldn't unravel the reorganized information technology services company's confirmed Chapter 11 plan or harm third parties.
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October 24, 2024
Giuliani Admissions Sink Bid To Shield Fla. Condo, Court Told
Two former Georgia poll workers seeking to collect a $148 million defamation judgment against disgraced ex-lawyer Rudy Giuliani argued this week that the former New York City mayor has admitted he was not living in his luxury Florida condo around the time they filed a lien on it, and thus cannot prevent a sale of the property.
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October 24, 2024
Conn. Firm Botched €1.6M Settlement For UK Client, Suit Says
Connecticut firm Carmody Torrance Sandak & Hennessey LLP is responsible for the loss of €1.6 million ($1.7 million) a U.K. client paid toward a failed global bankruptcy settlement agreement, according to a legal malpractice suit filed in Connecticut state court.
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October 23, 2024
Meet The Attys In Truck Rental Co. Fluid Market's Ch. 11
A team of attorneys from Pachulski Stang Ziehl & Jones LLP is representing Colorado-based truck rental business Fluid Market Inc. in its Delaware Chapter 11.
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October 23, 2024
Lucky Bucks Creditors Win Discovery Bid In Dividend Probe
Holders of equity in the reorganized iteration of gaming terminal operator Lucky Bucks LLC received a court's permission Wednesday to take discovery from members of the company's former management team, with a Delaware bankruptcy judge finding the new owners had similar rights as a litigation trust under the confirmed Chapter 11 plan.
Expert Analysis
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3 Cases Show Tensions Between Arbitration And Insolvency
The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.
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Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Why Delaware ABCs Are No Longer As Easy As 1-2-3
In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.