Mid Cap

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 26, 2024

    Texas Bitcoin Miner Hits Ch. 11 With More Than $50M In Debt

    Cryptocurrency miner Rhodium filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt.

  • August 23, 2024

    Girardi Says High Court Holding Should Gut His Fraud Case

    Tom Girardi has urged a California federal judge to toss the majority of the wire fraud charges he is facing ahead of closing arguments in his trial, saying a 1960 U.S. Supreme Court case demonstrates he was charged for nothing more than receiving legally required wire transfers.

  • August 23, 2024

    Split 9th Circ. Says Ponzi Schemes Don't Need Proof Of Intent

    A split Ninth Circuit panel affirmed Friday a jury's finding in a fraudulent-transfer fight that a now-bankrupt company was a Ponzi scheme, with the majority writing that jurors didn't need to find an intent to defraud, while a dissenting judge slammed the majority's reasoning as "circular."

  • August 23, 2024

    Drug Cos. Akorn, Cardinal Settle $28M Ch. 7 Fight

    Defunct drug manufacturer Akorn has told Delaware's bankruptcy court it reached an agreement resolving a roughly $28 million dispute regarding its prepetition sale of pharmaceuticals to distributor Cardinal Health, which promised to pay nearly $7 million to the debtor's Chapter 7 estate.

  • August 23, 2024

    Clinic Biz Can Tap Additional Ch. 11 Lifeline, Judge Says

    A Delaware bankruptcy judge agreed on Friday to allow clinic operator Pioneer Health to take on more debtor-in-possession financing as it works toward an asset sale, finding the latest arrangement to be in the debtor's best interest.

  • August 23, 2024

    Creditors Can't Dig Up Eletson's Ch. 11 Plan Negotiation Info

    Bankrupt Greek fuel shipping group Eletson doesn't have to turn over communications with a group of shareholders who are supporting its Chapter 11 plan, a New York bankruptcy judge ruled Friday, finding the common interest doctrine shielded their negotiation talks from the official committee of unsecured creditors' discovery request.

  • August 23, 2024

    Retailers That Sunk Into The Red And Hit Ch. 11 In 2024

    Major retail companies including Express Inc., Conn's Inc., Avon Products, Sam Ash Music, and Rue21 have filed for bankruptcy this year, citing industry challenges stemming from the lasting impacts of the COVID-19 pandemic, rising interest rates and inflationary pressures.

  • August 22, 2024

    A Look At The 3 Competing Eletson Ch. 11 Plans

    A New York bankruptcy judge is in the unusual position of weighing competing Chapter 11 plans for Eletson — one from the debtor and two from creditors that sought to force it into liquidation — as a September confirmation hearing approaches, after rejecting arguments that the oil and gas transporter proposal has no chance of success.

  • August 22, 2024

    Delta Apparel, Creditors Get More Time To Work Out DIP Row

    A Delaware bankruptcy judge on Thursday tabled a decision on final approval of Delta Apparel's bankruptcy financing to give the clothing maker and its creditors more time to sort out disagreements over how the debtor-in-possession loan would affect recoveries in the Chapter 11 case.

  • August 22, 2024

    Tender Greens, Tocaya Get OK For September Auction

    A Delaware bankruptcy judge said Thursday he will approve procedures for bidding on the assets of a Los Angeles-based company that operates casual restaurant chain Tender Greens and Mexican eatery Tocaya.

  • August 22, 2024

    Toolmaker Hardinge Cleared For Ch. 11 Auction In September

    Hardinge, a producer of metal-cutting equipment, is set to hold a bankruptcy auction for the business in September, with a $100 million credit offer setting the floor, the debtor's attorneys said Thursday, telling a Delaware bankruptcy judge its stalking horse bidder walked back a demand for expense reimbursements that the U.S. Trustee's Office opposed.

  • August 22, 2024

    Jones Walker Adds Kelley Drye Bankruptcy Ace In Houston

    Jones Walker LLP announced Thursday that it has bulked up its bankruptcy and restructuring team and its litigation practice group with a partner in Houston who came aboard from Kelley Drye & Warren LLP.

  • August 22, 2024

    Tom Girardi Takes The Stand In His Criminal Fraud Trial

    Disbarred attorney Tom Girardi took the stand Thursday in his California federal fraud trial and denied stealing from any of his clients, while also showing a strong grasp of past events and people but claiming to have no memory of the trial's witnesses and key moments, or to even know his own lawyer's name.

  • August 22, 2024

    Cole Schotz Looks To Ditch Hotel Debtor For Nonpayment

    Cole Schotz PC asked a Delaware bankruptcy judge to give the firm clearance to drop the former operator of a California luxury hotel as a client over an alleged failure to pay its invoices.

  • August 21, 2024

    Girardi Faked Dementia Symptoms, Neurologist Testifies

    A neurologist with Vanderbilt University testified Wednesday in Tom Girardi's criminal fraud trial in California federal court that the disbarred attorney was likely exaggerating his cognitive problems in late 2020 just as his law firm imploded into bankruptcy and his legal problems mounted because he believed it would be "beneficial."

  • August 21, 2024

    Top Bankruptcy Cases Of 2024: Midyear Report

    Famous debtors, major U.S. Supreme Court rulings and "shocking" turnarounds have headlined an already busy 2024 in bankruptcy, and elevated interest rates are expected to continue pushing more companies to the brink this year, experts told Law360.

  • August 21, 2024

    Committee Says Delta Apparel DIP Loan Rips Off Creditors

    Delta Apparel's official committee of unsecured creditors asked a Delaware bankruptcy court to deny the clothing manufacturer final approval for its debtor-in-possession loan, saying it is a lopsided deal that let secured lenders run away with the entire value of the debtor's assets.

  • August 21, 2024

    5 Takeaways From Closed-Door Hearing On Judge Romance

    A hearing transcript unsealed Wednesday unpacks a secret meeting between Jackson Walker LLP and former U.S. Bankruptcy Judge David R. Jones, covering Jones being criminally investigated for concealing his romance with an ex-firm partner, him accusing the U.S. trustee of leaking news of that probe and that Jones likely has failed to avoid a deposition.

  • August 21, 2024

    Eversheds Adds Another Kilpatrick Bankruptcy Atty In Atlanta

    Eversheds Sutherland's growing U.S. finance practice group picked up another new addition Wednesday, an Atlanta counsel who was previously with Kilpatrick Townsend & Stockton LLP.

  • August 21, 2024

    Judge Says Debtor Plan Will Get Hearing In Eletson Ch. 11

    A New York bankruptcy judge Wednesday said he will give a hearing to all three Chapter 11 plans proposed for shipping company Eletson Holdings, rejecting arguments that the creditor voting results spell the end of Eletson's proposal.

  • August 20, 2024

    Girardi Jury Hears Of Ex-CFO's Alleged Bahama Hideout Plan

    The former fiancee of ex-Girardi Keese executive Chris Kamon told a California federal jury in Tom Girardi's criminal trial Tuesday about a dramatic call she received from Kamon, during which he told her he was about to be "pinned" for the firm's crimes and wanted her to flee to the Bahamas with him.

  • August 20, 2024

    Trustee Wins TRO Vs. Disbarred Lawyer's Former Partner

    The bankruptcy trustee handling the estate of failed California debt relief law firm Litigation Practice Group has won temporary control over key properties of a businessman formerly involved in the firm, including millions of dollars in bank and brokerage accounts as well as a multimillion-dollar house in Orange County.

  • August 20, 2024

    Lender's $13M Atty Fee Reserve Bid In Eiger Ch. 11 Plan Nixed

    A Texas bankruptcy judge on Tuesday mostly sided with life science company Eiger BioPharmaceuticals in estimating a secured lender's future claims, saying at a hearing that Eiger's Chapter 11 reserve for the claim should include two years worth of interest and agreeing that $1 million should be earmarked for legal fees, not the lender's requested $13 million sum.

  • August 20, 2024

    BowFlex Muscles Its Way Through Successful Ch. 11 Case

    Coming into bankruptcy earlier this year with about $76 million of debt, exercise equipment maker BowFlex Inc. successfully confirmed a Chapter 11 plan this week after quickly executing a sale of its assets.

Expert Analysis

  • 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.

  • Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bankruptcy Must Be On The Table As A Student Loan Solution

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    Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.

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