Mid Cap
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February 18, 2025
Willkie DQ'd, Guo Clawbacks Continue
Franchise Group must find new bankruptcy counsel after a judge in Delaware found Willkie Farr & Gallagher LLP was conflicted in its case. The court-appointed trustee investigating Miles Guo's shell companies got another deadline extension to chase down estate funds. Spirit Airlines is awaiting confirmation of its reorganization plan. And bankrupt bitcoin miner Rhodium Encore has hit back at its landlord in court, alleging a campaign of sabotage.
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February 18, 2025
Bankruptcy Judge OKs Plan To Close NY Nursing Home
A New York bankruptcy judge has said a 588-bed nursing home can shut its doors if the state's Department of Health will sign off on the debtor's plan to close the facility, after the company asked for permission as it faced mounting losses.
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February 18, 2025
US Trustee Balks At Jones Day Fees In NY Diocese Ch. 11
The U.S. Trustee's Office is opposing some of the nearly $52 million in fees billed by Jones Day lawyers for their work as debtors' lead counsel for the Catholic diocese on New York's Long Island, as total fees in the case have surpassed $120 million.
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February 18, 2025
Feds Strike $29M Deal To Settle FCA Overpayment Claims
Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.
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February 18, 2025
Vaccine Developer Files Ch. 11 Sale Plan With $11.5M Bid
Omega Therapeutics, which develops mRNA vaccines, filed proposed bidding procedures in Delaware bankruptcy court, saying it hopes to get a sale approved by mid-April and has a stalking-horse bid in hand worth about $11.5 million.
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February 18, 2025
Muni Bond Firm Stoever Glass Files For Ch. 7 In NY
The 61-year-old Wall Street municipal bond investment firm Stoever Glass & Co. Inc. has filed for Chapter 7, reporting liabilities of up to $10 million and assets of less than $1 million.
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February 18, 2025
Texas Boutique Gains 7 Attys In Bankruptcy Firm Tie-Up
Vartabedian Hester & Haynes LLP, a commercial litigation boutique founded in the Lone Star State last year, has added a seven-lawyer bankruptcy team in Fort Worth through a merger with Forshey Prostok LLP, including that firm's two co-founders.
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February 18, 2025
Fight For Sub V Status Bedevils Hub City Home Health Biz
When a small chain of home healthcare providers called Hub City Home Health filed for Chapter 11 protection, the company sought out special protections afforded for small businesses with less than $3 million in debt. Now, it is fighting to retain its Subchapter V status after a major creditor and the Office of the U.S. Trustee challenged its eligibility in court.
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February 15, 2025
Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.
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February 14, 2025
Under The Radar: Bankruptcy News You May Have Missed
The Chapter 11 trustee overseeing Chinese exile Miles Guo's bankruptcy estate hit dozens of new targets, including Salesforce and Grubhub, with adversary proceedings; the Chapter 7 trustee for Alex Jones asked permission to return deposits to bidders on Jones' assets; and the Office of the U.S. Trustee objected to the proposed plan of prison healthcare company Wellpath Holdings Inc., saying the plan contains impermissible third-party releases and Wellpath proposed an amended plan.
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February 14, 2025
Conn. Diocese Reaches $31M Deal With Abuse Claimants
The bankrupt Roman Catholic Diocese of Norwich, Connecticut, has struck a deal to pay $31 million to sexual abuse survivors, the diocese and its unsecured creditors' committee jointly announced Friday.
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February 14, 2025
Camston Wrather Files For Ch. 7 With Over $100M In Debt
California-based sustainable resource recovery company Camston Wrather LLC has filed for Chapter 7 bankruptcy listing liabilities between $100 million and $500 million along with up to $50 million in assets, citing insufficient funding to continue operations.
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February 13, 2025
Fla. Judge Denies Drinks Co. Ex-CEO Bid To Ax Monster Liens
A Florida federal bankruptcy judge on Thursday declined to rule on a bid to dismiss all Monster Energy Company's claims and liens against the former CEO of the corporation that produces Bang Energy drinks, saying he lacks jurisdiction to resolve issues between two non-debtors.
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February 13, 2025
Creative Services Co. Hits Ch. 11 With $54M In Debt
Splashlight, a New York City-based company that provides media production and creative services to brands such as Target and Nike, has filed for Chapter 11 protection, listing $39 million of assets and $53.5 million in liabilities.
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February 13, 2025
National Events Trustee Gets OK For Atty Payment Scheme
Special litigation counsel for defunct ticket broker National Events Holdings LLC's Chapter 7 Trustee can front funds to the employ of experts in litigation and be reimbursed by the estate, a New York bankruptcy judge said, overruling the U.S. Trustee.
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February 13, 2025
Lowenstein Sandler Accuses Dispensary Of 'Bad Faith' Move
Lowenstein Sandler LLP has accused a cannabis dispensary it is suing for unpaid legal fees of effectively asking a New Jersey Superior Court judge to overturn another judge's partial denial of the dispensary's motion to dismiss the case.
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February 13, 2025
Meet The Attorneys In Silver Airways' Chapter 11
Regional air carrier Silver Airways has filed for Chapter 11 protection with $457 million in debt, seeking a going-concern buyer with the guidance of law firms Smith Gambrell & Russell LLP and Damian Valori Culmo.
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February 13, 2025
Sandy Hook Families Seek To Enforce Alex Jones Judgment
Infowars founder Alex Jones should be forced to pay the judgment that Sandy Hook families won in their long-running defamation case, even though he lodged a "baseless" appeal with the Connecticut Supreme Court in an effort to create further delays, the plaintiffs said.
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February 13, 2025
Orrick Hires Former Head Of A&O's Restructuring Practice
The former head of Allen & Overy's U.S. restructuring practice prior to A&O's transatlantic merger with Shearman & Sterling has joined Orrick Herrington & Sutcliffe LLP in New York.
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February 12, 2025
Rhodium Says Landlord Tried To 'Destroy' It In $300M Suit
Bankrupt Bitcoin mining company Rhodium Encore has filed a $300 million lawsuit in Texas bankruptcy court accusing competitor Riot Platforms and landlord and power provider Whinstone US Inc. of sabotaging its business and driving it into bankruptcy.
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February 12, 2025
Omega Says Bank's Rug-Pull Led Cash-Strapped Co. To Ch. 11
Biotechnology company Omega Therapeutics, which hit Chapter 11 this week with over $140 million of debt and a restructuring agreement, has said it became insolvent because a bank that gave it a loan took almost $15 million of its money after alleging the borrower defaulted on the obligation.
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February 12, 2025
Chester, Pa., Can Probe Water Utility's Assets In Ch. 9
A Pennsylvania bankruptcy judge gave the ailing city of Chester the green light Wednesday to probe a water utility about its assets, but stopped short of allowing the city under Chapter 9 protection to share the information or allowing an auditor to visit the utility's property.
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February 12, 2025
Solar Co. Oya Gets OK For Ch. 11 Sales Following Settlement
A Delaware bankruptcy judge said Wednesday she would approve two sales of assets from solar energy producer Oya Renewables worth a combined $39 million after it reached a settlement with its creditors' committee.
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February 12, 2025
Skarzynski Marick Adds Duane Morris Bankruptcy Team in LA
Insurance coverage litigation boutique Skarzynski Marick & Black LLP is expanding its services, announcing Wednesday it is bringing over a team of Duane Morris LLP bankruptcy experts in its Los Angeles office.
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February 12, 2025
Blank Rome Adds 2 Ex-Otterbourg Finance Pros In NY
Blank Rome LLP has added the former chair of Otterbourg PC's banking and finance department and a fellow asset-based lending and corporate transactions specialist previously with that firm as partners in its New York office, the firm has announced.
Expert Analysis
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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.