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Bankruptcy
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October 31, 2025
Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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October 31, 2025
Real Estate Co. CBRM Affiliates' Ch. 11s Tossed In NJ
A New Jersey bankruptcy judge agreed Friday to dismiss the Chapter 11 proceedings for entities connected to troubled real estate group CBRM Realty Inc., diffusing creditors' efforts to have the cases thrown out as bad-faith filings.
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October 31, 2025
4th Circ. Denies En Banc Review In Bestwall Ch. 11 Case
The Fourth Circuit on Thursday declined asbestos claimants' request for an en banc review of a panel ruling in a Georgia-Pacific LLC spinoff's Chapter 11 case, rejecting on an 8-6 vote an argument that the bankruptcy is a sham and blocks victims' access to justice.
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October 31, 2025
Slater Blasts Bid To Terminate Boy Scout Case Fees
Mass tort plaintiffs' firm Slater Slater Schulman LLP is calling a motion seeking to end their contingency fee legal service agreements with sexual abuse claimants in the Boy Scouts of America bankruptcy a baseless attempt to lure away its clients.
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October 31, 2025
Fraud Claims Spur Dismissal Bid In First Brands SPV Cases
Lenders to special purpose vehicle entities tied to auto parts maker First Brands Group asked a Texas bankruptcy judge to dismiss the vehicles' Chapter 11 cases or appoint a trustee, arguing that the entities' managers were improperly replaced and their funds were to be kept apart from First Brands' assets.
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October 31, 2025
Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparably harmed by the plan taking effect.
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October 31, 2025
Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys
An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.
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October 31, 2025
Office Building REIT Hits Ch. 11 In Texas With $1B+ Debt
A Massachusetts-based real estate investment trust with 124 office properties nationwide has filed for Chapter 11 protection in a Texas bankruptcy court carrying more than $1 billion in debt and an equity swap agreement with its creditors in hand.
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October 30, 2025
Modivcare's Wind-Down Deal With UnitedHealthcare Gets OK
A Texas bankruptcy judge approved Modivcare's settlement ending its relationship with the health insurance giant UnitedHealthcare, overruling an objection from the medical transport company's official committee of unsecured creditors.
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October 30, 2025
NYC Hotel Co. Owners Charged With Fraud Over Loan Scheme
Two owners of a Brooklyn hotel management company "fraudulently obtained" nearly $2 million worth of COVID-19 relief loans in a wire and bank fraud scheme that stretched from at least March 2020 to April 2022, the federal government alleged in New York federal court on Thursday.
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October 30, 2025
NC Judge Won't Order CEO's Arrest In Pool Company Dispute
A North Carolina federal judge refused to further sanction a Chinese manufacturer on Wednesday after an American rival accused it of sidestepping court orders that seek information in fulfillment of a judgment exceeding $17 million.
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October 30, 2025
Pension Fund Says Yellow Plan Can't Reserve Claim Argument
A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.
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October 30, 2025
Ethics Atty Says Tattler's Timing Supports 'Blackmail' Threat
A Pennsylvania attorney told a Florida bankruptcy court that debtors he'd been trying to collect from for years had unreported assets, just days after he allegedly threatened their lawyer that he would do so if they didn't pay up, state ethics watchdogs told a disciplinary panel Thursday.
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October 30, 2025
Asbestos Corp. Gets Ch. 15 Nod Over Claimants' Concerns
A New York bankruptcy judge granted Chapter 15 recognition for Asbestos Corp. Ltd.'s Canadian restructuring over the objection of personal injury claimants and a Chapter 7 trustee, finding that the corporation's business activity in Canada outweighs its management of litigation in the U.S.
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October 29, 2025
Judge Says He Will End Oakland Diocese Ch. 11 By Nov. 12
A California bankruptcy judge said Wednesday he will grant a request by the Roman Catholic Diocese of Oakland to bow out of a Chapter 11 case it started two years ago by mid-November, but rejected calls from creditors to rule the bankruptcy had been filed in bad faith.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Claire's Gets OK To Exit Ch. 11 After Sale To Ames Watson
Jewelry retailer Claire's on Wednesday won a Delaware bankruptcy judge's approval of a plan to exit Chapter 11 after selling most of its North American business to private equity firm Ames Watson last month.
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October 29, 2025
Spirit Airlines Gets Final OK For $1.23B Ch. 11 Financing
A New York bankruptcy judge gave final approval to Spirit Airlines' $1.23 billion Chapter 11 financing package, which includes $475 million of new money and a rollup of prepetition debt.
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October 29, 2025
Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling
A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.
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October 29, 2025
Bankrupt Chinese Exile's Wife Fights Loss Of $7.25M Mansion
The wife of Chinese exile and convicted fraudster Miles Guo is appealing a Connecticut federal judge's decision to include a $7.25 million Greenwich mansion in her husband's Chapter 11 estate, court records show.
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October 28, 2025
US Trustee Objects To Azul Ch. 11 Plan Releases
The U.S. Trustee's Office is asking a New York bankruptcy judge to reject Brazilian airline Azul's Chapter 11 plan disclosure, saying it contains inadequate information on a plan rendered unconfirmable by its third-party releases.
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October 28, 2025
Dr. Phil Media Co. Bankruptcy Converted To Ch. 7
A Texas bankruptcy judge converted the bankruptcy of Merit Street Media to a Chapter 7 liquidation Tuesday, saying an independent trustee was needed to wade through issues surrounding the destruction of the relationship between talk show host Dr. Phil McGraw and Christian network Trinity Broadcasting.
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October 28, 2025
Unsecured Creditors Blast Mountain Sports' Ch. 11 Plan
A pair of unsecured creditors of sports retailer Mountain Sports have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying the plan attempts to split their claims into a separate creditor class to undermine their power in a vote on the plan.
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October 28, 2025
Spirit's Creditors Committee Backs Final DIP After Concession
A group of creditors for Spirit Airlines have told a New York bankruptcy court they now support the budget air carrier's request for debtor-in-possession financing on a final basis, after the debtor agreed to modify several key terms, including lowering the portion of existing debt to be converted into new priority DIP loans.
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
Expert Analysis
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.