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Bankruptcy

  • September 27, 2018

    Crane Heyman Can't Dodge Suit Over Layoff Advice

    An Illinois federal judge on Wednesday refused to toss a World Marketing LLC bankruptcy trustee’s malpractice suit accusing Crane Heyman Simon Welch & Clar of failing to properly advise the company before it instituted mass layoffs, saying the claim is barred neither by legal doctrine nor the company’s bankruptcy proceedings.

  • September 27, 2018

    Tops Creditors Must Object Or 'Live With It,' Judge Says

    The judge overseeing Tops Markets' bankruptcy on Thursday said that any creditors who object to waiving their legal claims should explicitly say so, rejecting the U.S. trustee's arguments that the waiver should be "opt-in."

  • September 27, 2018

    Ky. Law Firm Can Keep Fees From Hospital Bankruptcy Case

    Because a Kentucky law firm did the job it was paid to do in administering a bankruptcy case for a defunct hospital, the firm should not have to return $60,000 in attorneys' fees to the Internal Revenue Service for taxes its client failed to pay, an Indiana district court has ruled, upholding a U.S. Bankruptcy Court ruling.

  • September 27, 2018

    2 Victims Can’t Get Damages In Sex Abuser Sanctions Row

    A Florida bankruptcy judge on Thursday ruled that two victims of billionaire convicted sex offender Jeffrey Epstein cannot pursue damages in connection with an allegation that he and his counsel retained confidential documents in violation of a court order because the victims were not party to the original order.

  • September 27, 2018

    J&M Sales Gets OK For New Ch. 11 Program To Lure Vendors

    Bankrupt discount retailer J&M Sales Inc. received approval Thursday in Delaware court for a bailment program that it hopes will give comfort to vendors to provide inventory to the debtor as it pursues a restructuring plan or going-concern sale.

  • September 27, 2018

    Ex-Lehman Workers Lose Appeal Over $260M In Deferred Pay

    A New York federal judge on Wednesday upheld a bankruptcy court ruling that subordinates the claims of hundreds of former Shearson Lehman Brothers Inc. workers seeking up to $260 million in deferred compensation, agreeing that the work agreements expressly support the conclusion.

  • September 27, 2018

    ActiveCare Ch. 11 Sale Delayed Amid Potential Claim Issues

    After it seemed the Chapter 11 sale of diabetes patient monitoring company ActiveCare Inc. to stalking horse bidder Telcare Inc. was ready to be finalized Thursday, a Delaware judge delayed signing off on an order until parties could work out details related to potential cure claims.

  • September 26, 2018

    House Lawmakers Mull Bill Increasing Ch. 7 Trustee Fees

    Advocates for bankruptcy trustees urged a U.S. House subcommittee on Wednesday to pass legislation that would increase the amount of compensation trustees are paid in Chapter 7 cases, saying the fees have remained the same for more than 20 years even though trustees have been tasked with more duties.

  • September 26, 2018

    Receiver Didn't Retain Attys Seeking $489K Fees, Judge Says

    A New York federal judge ruled Tuesday that a law firm isn't owed roughly $489,000 in fees it supposedly incurred while working for the original receiver overseeing the wind-down of Platinum Partners’ hedge fund, because the firm never received court permission to help the fund.

  • September 26, 2018

    McKinsey Critic Says It Should Have Been DQ'd In ANR Ch. 11

    A company formed by Jay Alix, a critic of consulting giant McKinsey & Co., on Wednesday argued again that the court should reopen the Alpha Natural Resources Chapter 11 case over alleged conflicts of interest, saying that McKinsey’s legal arguments against reopening were “pathetic.”

  • September 26, 2018

    US Objects To Duro Dyne's Proposed Rep In Asbestos Trust

    The U.S. government’s bankruptcy case monitor is challenging the proposed selection of a trustee to represent asbestos exposure victims who may in the future file claims against sheet metal equipment and accessories manufacturer Duro Dyne Corp., saying Wednesday that the candidate has apparent conflicts of interest.

  • September 26, 2018

    NJ's McManimon Scotland, Trenk DiPasquale To Merge

    New Jersey firms McManimon Scotland and Baumann LLC and Trenk DiPasquale Della Fera & Sodono PC are joining under the first shop’s banner on Oct. 1, the firms said Wednesday, describing a union that will specialize in project finance, corporate reorganization and complex commercial litigation.

  • September 26, 2018

    Applebee's Can't Nix Franchise Contracts, Ch. 11 Judge Says

    A Delaware bankruptcy judge Tuesday found Applebee’s can’t terminate the franchise agreements for more than 150 restaurants owned by bankrupt RMH Franchise Holdings, saying the contracts were still in force when the bankruptcy stay started.

  • September 26, 2018

    Liquidator Status Ruling Imminent In Heritage Home Ch. 11

    A Delaware bankruptcy judge will deliver an opinion as early as Thursday on issues relating to the professional status of liquidators running store closing sales for furniture retailer Heritage Home Group LLC, making the first ruling on the subject currently pending in at least three Chapter 11 cases in the state.

  • September 26, 2018

    US Trustee Flags Samuels Jewelers Ch. 11 Employee Payout

    The Office of the U.S. Trustee is challenging Samuels Jewelers Inc.'s plan to award about $1.1 million in employee payouts in its Chapter 11 and seal information related to the payments, saying it is not known whether any of the employees engaged in improper conduct.

  • September 25, 2018

    Weinstein Can Seek Additional Ch. 11 Docs At Own Expense

    Harvey Weinstein will be allowed continue his pursuit of his personal and business records in the Chapter 11 case of his former media company, but a Delaware judge ruled Tuesday that if costs continue to mount in the discovery process, he will be on the hook for those bills.

  • September 25, 2018

    Aerogroup Cools On TRO Demand After Global Brands Talks

    Bankrupt shoe retailer Aerogroup International Inc. told a Delaware judge on Tuesday that it would likely be able to amicably resolve its motion for a temporary restraining order against Global Brands Group Inc. after learning that a sale of GBG’s assets had been delayed.

  • September 25, 2018

    Pacific Drilling Sees Ch. 11 Plan Funding Deal Go Forward

    Pacific Drilling SA made headway Tuesday in its bid to reorganize in Chapter 11 proceedings, receiving New York bankruptcy court authorization to enter into a scrutinized $500 million equity commitment agreement and borrow up to $85 million in debtor-in-possession loans.

  • September 25, 2018

    GM Buyers Must Certify Class To Advance $1B Defect Deal

    Purchasers of General Motors vehicles manufactured before the carmaker's 2009 bankruptcy, now seeking damages stemming from ignition-switch defects, must certify a class to pursue a proposed settlement that could cost the reorganized New GM $1 billion in new stock, a New York bankruptcy judge ruled Tuesday.

  • September 25, 2018

    Essar Steel Unit Sues To Block Adviser's $16M Ch. 11 Claim

    Essar Steel unit Mesabi Metallics Co. LLC has sued to block one of its post-bankruptcy advisers from suing it for $16 million in fees, saying the adviser's action violates federal bankruptcy law and breaches the mining company's restructuring agreement.

Expert Analysis

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Junior Creditors Could Share In 363 Bankruptcy Sales

    Charles Tabb

    In early July, the Seventh Circuit issued an important opinion in Illinois Department of Revenue v. Hanmi Bank, raising the possibility that out-of-the-money junior creditors might be entitled to share in the proceeds of a free-and-clear bankruptcy sale, even where the senior secured party is underwater, say Charles Tabb and Tamar Dolcourt of Foley & Lardner LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.