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Bankruptcy
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September 11, 2025
Bankrupt $300M Fla. Project Gets Nod On DIP Loan
A Florida bankruptcy judge on Thursday signed off on a $1.75 million debtor-in-possession loan and approved a chief restructuring officer for the debtors of a $300 million real estate development to buy time for the parties to work out a deal to exit bankruptcy.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
JCPenney Settles Fee Dispute Over Jackson Walker Romance
The corporate entities formerly known as JCPenney on Thursday asked a Texas federal court to greenlight a $1.4 million settlement with Jackson Walker PC in a dispute concerning the romance of a partner with a bankruptcy judge, the latest and largest of several settlements to seek approval in recent months.
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September 11, 2025
Entities Tied To Several CVS Locations File For Ch. 11
Several entities tied to properties operating as CVS locations have filed for Chapter 11 bankruptcy in Delaware, saying that the filings are "in the best interests" of the debtors, creditors and other stakeholders.
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September 11, 2025
Magnesium Producer Hits Ch. 11 Following Plant Failures
US Magnesium LLC, once North America's largest producer of primary magnesium, has filed for Chapter 11 protection in Delaware bankruptcy court with up to $500 million of debt, years after major equipment failures at its Utah facility ground production to a halt.
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September 10, 2025
Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11
A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time.
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September 10, 2025
Hydroxycut Maker Iovate Gets Ch. 15 Relief As Case Kicks Off
A New York bankruptcy judge agreed Wednesday to temporarily stay creditor actions against Canadian dietary supplement business Iovate Health Sciences one day after the Hydroxycut maker sought Chapter 15 protection.
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September 10, 2025
NIST Links Start Of Surfside Towers Collapse To Pool Deck
The National Institute of Standards and Technology's ongoing investigation into the 2021 partial collapse of the Champlain Towers South in Surfside, Florida, shows the collapse likely began in the 12-story residential building's pool deck, rather than in the main tower structure.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
Guo Trustee, Law Firms Get OK For Deals On $4.4M Disputes
A Connecticut bankruptcy judge has approved deals between Chinese exile Miles Guo's Chapter 11 trustee and the law firm McDermott Will & Schulte, four other law firms and one consulting firm, ending $4.4 million in potential clawback claims without formal litigation.
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September 10, 2025
Firm Seeks To Toss Lowenstein Sandler Claims Over Affidavit
Trif & Modugno LLC has reiterated to the Essex County Superior Court in New Jersey that part of a malpractice suit filed against it by Lowenstein Sandler LLP must be dismissed because the national firm did not file an affidavit of merit within the time limit.
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September 10, 2025
Bowling Chain Pinstripes Gets Interim OK Of $3.8M DIP Loan
A Delaware bankruptcy judge on Wednesday granted interim approval for Italian eatery and bowling chain Pinstripes' $3.8 million debtor-in-possession financing from its prepetition lender, which will help the company navigate its Chapter 11 proceedings and pursue a going-concern sale.
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September 10, 2025
Subprime Lender Tricolor Auto Hits Ch. 7 With Over $1B Debt
Tricolor Holdings, a Texas-based company that provides car loans to low-income buyers, and several affiliates filed for Chapter 7 liquidation in Texas bankruptcy court Wednesday with more than $1 billion of debt.
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September 09, 2025
Ariz. Developer, Son Get Prison For $280M Sports Park Fraud
An Arizona developer and his son were both sentenced to prison Tuesday for deceiving investors into sinking $280 million into a Phoenix-area sports park by forging documents and inflating revenue projections for the facility, which entered bankruptcy soon after it opened.
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September 09, 2025
Hoodie Co. Wants $3.6M In Fees After Trial Loss Overturned
A sweatshirt maker wants $3.6 million in attorney fees from a rival after a $21 million judgment that forced it into bankruptcy was overturned by the Federal Circuit in July, saying the judgment was based on meritless allegations all along.
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September 09, 2025
2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching
The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.
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September 09, 2025
Ohio Aerospace Manufacturer Hits Ch. 11 To Rework Debt
Cincinnati-based manufacturer CTL-Aerospace Inc. filed for Chapter 11 with at least $15 million in debt saying material sourcing troubles last year left it with an operating loss with limited funding avenues.
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September 09, 2025
Approach The Bench: Judge Shannon Discusses Bankruptcy
Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.
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September 09, 2025
Bowling And Eatery Chain Pinstripes Hits Ch. 11 Seeking Sale
Illinois-based bowling and restaurant chain Pinstripes has filed for Chapter 11 protection in Delaware bankruptcy court with more than $143 million in debt and plans to seek a going concern sale.
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September 08, 2025
FDIC Bests Farella Braun In Dispute Over SVB Legal Fees
A California federal judge has sided with the Federal Deposit Insurance Corp. in a dispute over $48,800 in unpaid legal bills that Farella Braun & Martel LLP sought for work it did before Silicon Valley Bank's collapse, finding the firm's invoices lacked key details like hours and billing rates.
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September 08, 2025
London Insurers Owe Full Coverage Limits To NY Archdiocese
Certain underwriters at Lloyd's of London and other London market insurers must pay their full applicable policy limits under policies issued to the Archdiocese of New York, a state court ruled Monday in the archdiocese's suit seeking coverage for thousands of sexual abuse claims.
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September 08, 2025
Calif. Says Defunct SVB Owes State Over $76M In Taxes
The former parent company of Silicon Valley Bank owes the state of California upward of $76 million in taxes on income from a portfolio of securities for years leading up to the bank's failure, a state taxing authority told a New York bankruptcy court.
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September 08, 2025
Atty Tells Disciplinary Panel $250K Demand Wasn't Blackmail
A Pennsylvania attorney facing discipline for allegedly threatening to blackmail a client's debtor was rightfully trying to collect on a long-standing, highly litigated debt, a state disciplinary hearing panel heard Monday.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Attys Accused Of Filing Fake Docs In Miss America Dispute
A real estate developer, his associates and his current and past attorneys submitted fake contracts as evidence of their ownership of the company that runs the Miss America pageant in a $500 million lawsuit and should face sanctions, the plaintiffs — who allege they're the rightful owners — told a Florida federal judge Saturday.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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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.