Mid Cap
-
May 02, 2024
Skin Care Drug Co. Gets OK For Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge on Thursday said she would approve the unopposed and unanimously approved Chapter 11 wind-down plans of the company previously known as Timber Pharmaceuticals Inc.
-
May 02, 2024
Teen Retailer Rue21 Hits Ch. 11 Again With Plans To Sell
Retail fashion company rue21, which made a previous trip through bankruptcy in 2017, filed for Chapter 11 protection in Delaware bankruptcy court Thursday, disclosing up to $500 million in both assets and debts and a plan to sell the business.
-
May 01, 2024
Madoff Investor Asks High Court To Overturn Clawback Math
An investor in Bernie Madoff's Ponzi scheme asked the U.S. Supreme Court Wednesday to overturn a Second Circuit decision on how to calculate the amount of investor withdrawals that can be clawed back to the Madoff bankruptcy estate, saying the panel misquoted a prior circuit ruling.
-
May 01, 2024
JLM Couture Opposes Ex-Designer's Ch. 7 Conversion Bid
Bankrupt dressmaker JLM Couture urged a Delaware bankruptcy judge to ignore a request from a bridal dress designer feuding with the company to force JLM into a kind of bankruptcy aimed at liquidation, saying that creditors would suffer if JLM's case left Chapter 11.
-
May 01, 2024
Weinstein On Track For Fall Trial Redo On NY Rape Charges
A New York judge said Wednesday that disgraced movie mogul Harvey Weinstein will be retried sometime after September, following last week's decision by the state's highest court to overturn his rape conviction due to the admission of overly broad evidence at trial.
-
May 01, 2024
Eiger Gets Deal With Merck Over $46M Rare-Disease Drug Sale
Bankrupt Eiger BioPharmaceuticals Inc. told a Texas federal judge Wednesday it had struck a tentative agreement with drug company Merck & Co. over licensing rights to a rare-disease drug that it is selling for $46.1 million.
-
May 01, 2024
Judge OKs Ch. 11 Dairy Co. Sale Rules With $20M Floor Bid
An Illinois bankruptcy judge on Wednesday agreed to approve sale procedures for bankrupt ice cream and dairy producer Oberweis Dairy Inc. that would set a $20 million bid as the auction floor in exchange for promising a 5% breakup fee to the stalking horse bidder.
-
May 01, 2024
Ex-NFL Star Romanowski Files For Ch. 11 Amid $15M Tax Suit
Ex NFL star and Super Bowl champion Bill Romanowski has filed for Chapter 11 protection in California after being slapped with a $15.5 million income tax suit.
-
May 01, 2024
Allegiance Coal's Lenders Oppose 'Outrageous' Ch. 11 Fee Bid
A secured lender of bankrupt mining operation Allegiance Coal USA objected to the $5.2 million in expense fees requested by the debtor's professionals, telling a Delaware bankruptcy court that the ask is "outrageous," especially since the firms failed in their quest to land a going-concern sale.
-
May 01, 2024
Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit
Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.
-
May 01, 2024
Jambys Brand Hopes To Avoid Cash Advance Claims
Online clothing brand Jambys Inc. on Wednesday told a Delaware bankruptcy judge it plans to file suit to avoid repaying the high-interest financing that drove it to seek Chapter 11 protection and emerge as a going concern.
-
May 01, 2024
Boris Becker Gets UK Bankruptcy Order Lifted
Boris Becker is no longer bankrupt after a London court released the multiple Grand Slam tennis champion on Wednesday from any further liability arising from his bankruptcy debt in the U.K.
-
April 30, 2024
Attys Barred From Practicing Over Ch. 13 Real Estate Scams
Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.
-
April 30, 2024
Insurance Mogul Can't Escape $164M Dutch Payout Yet
A shareholder accused of raiding a Dutch insurer's coffers can't stop it from trying to enforce a nearly $164 million arbitration victory, a North Carolina federal judge ruled, finding that he didn't show it's not enforceable in U.S. courts.
-
April 30, 2024
New York Teen Mental Health Home Files For Ch. 11
St. Christopher's Inc., a New York nonprofit that provides residential mental health services to children, and the foundation that supports it have filed for Chapter 11 Subchapter V bankruptcy, citing up to $10 million each of assets and liabilities.
-
April 30, 2024
Canadian Pharma Co. Contract Asks For Ch. 15 Recognition
Contract Pharmaceuticals Ltd. asked Tuesday that a Delaware bankruptcy judge recognize the company's foreign insolvency proceedings, saying it started the process in Canada while facing a debt load of more than $41 million and hobbled revenue.
-
April 30, 2024
When Philly Newspapers Cast Credit Bidding Into Doubt
Credit bidding is a regular feature of many bankruptcy asset sales now. But for a brief spell more than a decade ago, the case of Philadelphia Newspapers gutted the idea that secured lenders were entitled to include the outstanding amount owed on their loans as part of an offer to buy assets.
-
April 30, 2024
Apparel Brand Jambys Files Ch. 11 As PJs Lose Popularity
Online clothing brand Jambys Inc. filed for Chapter 11 protection under Subchapter V in Delaware federal bankruptcy court Tuesday, citing $7 million in debt as the company struggles with declining consumer interest in sleepwear and loungewear now that the COVID-19 pandemic has abated.
-
April 30, 2024
Canadian Lumber Biz Hits Ch. 15 To Find Buyer
Lumber and forestry products producer Teal Jones Holdings Ltd. has petitioned for Chapter 15 bankruptcy protection in Delaware, seeking recognition of an ongoing insolvency proceeding in Canadian court, where it intends to reorganize, possibly through a sale of its assets.
-
April 30, 2024
Atty Wants Out Of 'Coup' Suit Over Judge Romance
The former Jackson Walker LLP attorney whose secret relationship with a Texas judge ignited an ethics scandal wants out of a racketeering suit accusing her of "orchestrating a coup" in a bankruptcy case, calling the suit a "dubious" attempt to blame her for an ex-CEO's "disastrous" mismanagement of his family business.
-
April 30, 2024
NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees
New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.
-
April 30, 2024
Genova Burns Adds Labor, Bankruptcy Attys In Philly, NJ
Genova Burns LLC expanded its offices in the Philadelphia area and New Jersey this week with the additions of attorneys specializing in labor and bankruptcy law.
-
April 30, 2024
Moritt Hock Adds 3 Attorneys In NYC, Garden City Offices
Moritt Hock & Hamroff LLP has hired an associate and counsel and has rehired a former corporate associate who spent three years working for the firm, according to a Monday announcement.
-
April 29, 2024
Kazakh Businessman Accused Of Stealing Coal Mine
A Kazakh businessman schemed with the country's government to steal a coal mine, its proceeds, and its assets and laundered the proceeds to buy luxury U.S. real estate worth more than $100 million, according to a suit filed in New York state court.
-
April 29, 2024
Judge Mulls Atty Sanctions In Ch. 7 Over 'False' Statements
An insolvent government contractor and its lawyers should pay opposing counsel's fees in an adversary action, attorneys representing the debtor's Chapter 7 trustee and creditors told a Delaware bankruptcy judge Monday, accusing the company and its principals of making false and misleading statements in the $14 million clawback lawsuit.
The Story Behind Why A Minn. Bankruptcy Firm Filed Ch. 11
After it became clear that Minnesota consumer bankruptcy LifeBack Law Firm PA wouldn't be able to avoid an arbitrator's decision finding it had engaged in click fraud on a competitor's Google ads, LifeBack filed its own bankruptcy petition as it seeks breathing room in this legal challenge and another from its former partners.
Meet The Attorneys Cooking Up Sticky's Chicken Ch. 11
A team of attorneys from Pashman Stein Walder Hayden PC is advising New York area restaurant chain Sticky's Chicken in its Chapter 11, Subchapter V case.
Demystifying The Alphabet Soup Of ABC Insolvency
Not every insolvency proceeding must take place in the so-called fishbowl of federal bankruptcy. There is a state-level option that can provide a quicker, quieter and sometimes less expensive alternative for companies seeking to liquidate their assets.
Expert Analysis
-
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.
-
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.
-
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.
-
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.
-
Cannabis Ruling Lights Path For Bankruptcy Protection
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
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
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
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
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
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
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
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
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.