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Bankruptcy
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August 22, 2025
3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening
A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.
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August 22, 2025
Ex-Pharma Exec Leaked Bankruptcy Deliberations, Suit Says
BioCurity Pharmaceuticals Inc. and its advisers sued a former officer of the company, alleging that she broke a nondisclosure agreement to disparage the advisers and leak the company's bankruptcy deliberations to its shareholders.
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August 22, 2025
Eletson Looks To Nix $102M Award Over Reed Smith 'Fiction'
The new owner of international shipping company Eletson has asked a New York federal judge to vacate a $102 million arbitral award issued in a dispute with competitor Levona, saying the award is based on a "fiction" perpetuated by the company's former owners as assisted by their Reed Smith LLP counsel.
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August 22, 2025
Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules
Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.
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August 22, 2025
CFPB Inks Synapse Deal That Opens Door To Consumer Relief
The Consumer Financial Protection Bureau has reached a settlement with the bankruptcy trustee for Synapse Financial Technologies Inc. that could unlock millions of dollars in relief for consumers whose funds were stranded in the middleware provider's collapse.
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August 22, 2025
Stoli Offers Revised Ch. 11 Plan With Lender Backstop
Vodka maker Stoli Group USA on Friday told a Texas bankruptcy judge it has modified its plan to partially pay off its secured debt with liquor by giving the lender a partial real estate backstop, but that it still hopes to pay off much of the loan with barrels of unfinished bourbon.
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
Compostable Film Co. Nets Approval Of Ch. 11 Plan
A New Jersey bankruptcy judge has confirmed the liquidation plan of Ohio-based compostable film producer Plastic Suppliers Inc. after a hearing on approval for the slightly amended proposal that will see some unsecured claims paid out of a liquidation trust.
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August 21, 2025
Nikola SPAC, Related Settlements Reach $33.75M In Del.
A multi-court string of settlements has produced a $33.75 million proposed payout for stockholders who alleged in direct and derivative state and federal actions that they were misled in deals that took electric vehicle maker Nikola Corp. public.
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August 21, 2025
'Sustainable' Fintech Leader Cops To $248M Investor Fraud
The co-founder of bankrupt financial services company Aspiration Partners Inc. agreed on Thursday to plead guilty to defrauding investors and lenders.
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August 21, 2025
BlockFi Judge Urged To OK $13M Deal As Objector Withdraws
Investors who reached a $13.2 million settlement with the failed cryptocurrency lender BlockFi Inc. have urged a federal judge to move forward with the plan now that a class member has withdrawn his objections to the deal.
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August 21, 2025
Claire's Gets Interim Approval For $22.5M DIP Facility
A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement.
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August 21, 2025
Nikola Ch. 11 Plan Ignores Trump Pardon, Founder Says
Trevor Milton, the founder and former CEO of electric-truck maker Nikola who was convicted of securities fraud, has asked the Delaware bankruptcy court not to allow the company to subordinate his $69 million claim, saying its Chapter 11 plan doesn't accurately account for the full presidential pardon he received earlier this year.
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August 21, 2025
Pa. City Water Dept. Fights Bid To Sanction Counsel
The Chester Water Authority has urged a Pennsylvania bankruptcy court to reject the city's bid to recover about $140,000 in attorney fees as sanctions, arguing any delay in producing documents was necessary to comply with a state confidential information law.
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August 21, 2025
Ore. Whiskey Distillery Asks To Add $500K To Ch. 11 Loan
Portland, Oregon-based whiskey producer House Spirits has asked a Delaware bankruptcy judge for permission to borrow an additional $500,000 in cash to finance its Chapter 11 case, raising the amount of its debtor-in-possession loan to more than $2 million.
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August 21, 2025
Healthcare Co. Modivcare Hits Ch. 11 To Cut $1.1B Of Debt
Technology-enabled healthcare services company Modivcare Inc. filed for Chapter 11 protection in Texas bankruptcy court with plans to recapitalize its balance sheet and cut $1.1 billion of debt.
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August 20, 2025
Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court
A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
US Trustee Seeks Two-Year Bankruptcy Ban For NYC Pot Club
The U.S. Trustee's Office has urged a New York bankruptcy judge to block a self-described cannabis club from filing for bankruptcy for two years, saying the organization has filed a string of recent Chapter 11 petitions to thwart evictions.
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August 20, 2025
NC Bankruptcy Atty Charged With 2nd-Degree Murder
A North Carolina bankruptcy attorney is facing murder charges after police said he shot and killed a 43-year-old man in a small town in the mountains over the weekend, court records show.
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August 20, 2025
IRS Lost Lien In Bankruptcy, Man Says In $28M Tax Battle
The Internal Revenue Service jettisoned any federal tax lien it claims to have against a man by filing an unsecured claim in his bankruptcy case, he told a Florida federal court Wednesday in response to the government's $28 million lawsuit against him.
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August 20, 2025
Claire's Pitches Over $104M Sale Of US Stores In Ch. 11
Bankrupt jewelry chain Claire's announced plans Wednesday to sell intellectual property and some of its U.S. stores to a private holding company for $104 million in cash as well as other inducements.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Family Alleging Firm's Girardi Conflict Denied Partial Win
A Los Angeles judge Tuesday denied a family's motion seeking judgment on declaratory relief claims in a $1.8 million malpractice lawsuit against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, saying disputed facts remain in the "unusual" case.
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August 19, 2025
Judge To Confirm Scanrock's Ch. 11 Plan After Settlement
A Texas bankruptcy judge on Tuesday conditionally confirmed the Chapter 11 plan of hydrocarbon driller Scanrock Oil & Gas, after the debtor resolved objections from parties including an ad hoc group, certain creditors and the U.S. Small Business Administration.
Expert Analysis
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Opinion
GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.