Large Cap
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November 12, 2024
Celsius' Mashinsky Must Face Full Indictment, Judge Says
Ex-Celsius Network CEO Alex Mashinsky must face claims that he committed commodities and securities fraud and manipulated his now-bankrupt business's proprietary token after a New York federal judge declined to trim the indictment against him.
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November 12, 2024
Judge Locks Down Byju Entity's IP In Ch. 11
A Delaware bankruptcy judge Tuesday voided transfers of an Apple App Store account linked to the insolvent U.S.-based financing arm of Indian education technology giant Byju's, as the Chapter 11 trustee overseeing one of its debtor subsidiaries rang the alarm about "bad actors" trying to make off with the unit's cash and intellectual property.
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November 12, 2024
Q&A With FTX Lead Ch. 11 Atty Andy Dietderich — Part I
Sullivan & Cromwell LLP's Andy Dietderich led the legal team that represented FTX Trading Ltd. in its two-year-long, $14 billion-plus Chapter 11 case — from shortly before the company's bankruptcy filing in Delaware to its recent successful confirmation hearing.
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November 12, 2024
Creditors Claim Sweetheart Deal For InterCement's Bank
Bondholders for bankrupt Brazilian cement supplier InterCement filed a $200 million suit in New York state court, saying Banco Bradesco Bbi SA, a shareholder and bank to the debtors' parent, failed to reveal a sweetheart deal under which it could strong arm the debtor into giving it priority repayment.
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November 12, 2024
2 Firms Advise $745M Prospect Managed Care Sale
California-based Astrana Health said it has agreed to pay $745 million to acquire a significant amount of Prospect Medical Holdings' managed care business, including a 177-bed acute care hospital, in a transaction advised by Russ August & Kabat LLP and Sheppard Mullin Richter & Hampton LLP.
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November 12, 2024
3rd Circ. Weighs Boy Scouts Ch. 11, Calif. AG Balks At Fee Bid
The Third Circuit heard arguments on Boy Scouts of America's Chapter 11 plan from sexual abuse survivors as well as insurers, California's attorney general disputed Sullivan & Cromwell's fee requests in Kidde-Fenwal Inc.'s bankruptcy, and the U.S. trustee is seeking documents from Jackson Walker LLP regarding a former attorney's secret relationship with a bankruptcy judge. This is the week in bankruptcy.
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November 12, 2024
Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit
An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.
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November 12, 2024
Holding Co.'s $6B CMBS Exposed By Bankruptcy, Report Says
Franchise Group Inc.'s $6.18 billion worth of commercial mortgage-backed securities are at risk of exposure after the retail-focused holding company declared Chapter 11 bankruptcy, which has caused the company to close down more than 300 store locations, according to a report from the analytics team of credit ratings agency KBRA released Tuesday.
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November 12, 2024
Celsius Judge Rejects Pro Se Creditor's $206,000 Fee Bid
The woman who chaired an ad hoc committee of corporate creditors in Celsius Network's Chapter 11 case lost her bid Tuesday to be paid $206,300 for her work, with a New York bankruptcy judge denying her application after finding that her efforts were primarily self-interested and potentially duplicative.
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November 12, 2024
Former FTX Top Atty Joins Lowenstein Sandler In NY
Lowenstein Sandler LLP announced Tuesday that the former general counsel at crypto exchange FTX will join the firm's New York office as a partner and chair of its new commodities, futures and derivatives practice group.
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November 12, 2024
Judge Will OK Final True Value Ch. 11 Sale
A Delaware bankruptcy judge on Tuesday said she would approve bankrupt hardware store supplier True Value's asset sale to its stalking horse bidder, member-owned hardware brand Do It Best Corp., once the final version was on the docket.
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November 12, 2024
FTX Sues Binance, Former CEO Zhao Seeking $1.8B Clawback
The estate of fallen cryptocurrency exchange FTX has sued Binance and its former CEO Changpeng Zhao to recover $1.76 billion it says the defunct company illegally transferred prior to its collapse two years ago, alleging FTX used customer money to complete a share repurchase that it couldn't otherwise afford.
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November 12, 2024
Prison Healthcare Co. Wellpath Hits Ch. 11 With Sale Plans
Prison healthcare provider Wellpath has filed for Chapter 11 protection in a Texas bankruptcy court, saying it has an agreement with the majority of its secured lenders for a sale plan that will trim $500 million of its more than $644 million in funded debt.
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November 12, 2024
DLA Piper Bolsters Restructuring Practice With Dechert Pro
DLA Piper has hired an experienced restructuring expert from Dechert LLP to its practice in London, as the firm braces for continued global financial distress driven by geopolitical turmoil and macroeconomic headwinds.
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November 18, 2024
Davis Polk Hires Sidley Restructuring Heads In London
Davis Polk & Wardwell LLP has hired two restructuring experts as partners in its London office, where they will advise a wide range of clients on financially troubled companies.
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November 08, 2024
5th Time Not The Charm For 'Stale' Dow Implant Check Fight
The Sixth Circuit has again rejected an appeal from South Korean claimants who sought replacement checks from a Dow Corning breast implant settlement fund, finding in claimants' fifth trip to the appeals court that they missed their window to cash their duly disbursed settlement checks.
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November 08, 2024
J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say
A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.
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November 08, 2024
Under The Radar: Bankruptcy News You May Have Missed
The U.S. Trustee's Office took aim at the U.S. ties and motivations of a bankrupt defense contractor in Abu Dhabi, creditors of Eletson Holdings said they were still skeptical of Reed Smith LLP's work in the company's contentious Chapter 11 case and a Navajo Nation-owned energy company argued that a reorganized coal miner is trying to use a typo to boost royalty payments.
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November 08, 2024
Genesis Forging Different Path In Crypto Ch. 11 Recoveries
Cryptocurrency lender Genesis Global has knocked another few hundred million dollars off the obligation it took on when it set off down the unusual track in the crypto bankruptcy sphere of returning every digital coin to its creditors, one for one, no matter how pricey its value.
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November 08, 2024
Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11
Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.
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November 08, 2024
FTX Investment Firm Seeks Return Of $11M In Crypto Assets
Alameda Research, an investment arm of the now-bankrupt FTX digital asset empire, has filed a lawsuit against cryptocurrency exchange Crypto.com in Delaware bankruptcy court, seeking the return of $11.4 million in assets still held on the platform despite multiple requests from the debtor.
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November 07, 2024
Ex-Celsius CEO OK'd To Seek Testimony From Abroad
A New York federal judge Thursday gave former Celsius Network CEO Alex Mashinsky the green light to seek deposition testimony from witnesses reading abroad that he claims is crucial to his defense, but declined to narrow the case against the founder of the now-bankrupt cryptocurrency-lending platform.
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November 07, 2024
Teamsters Tell 10th Circ. To Nix Yellow's Contract Claims
The Tenth Circuit must uphold a district court's decision to dismiss Yellow Corp.'s $137 million lawsuit against the Teamsters, the union said, arguing the business didn't exhaust the grievance process under a contract and can't claim that making such an effort would have been pointless.
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November 07, 2024
Meet The Attys Guiding Vitamin Shoppe Owner Through Ch. 11
A team of attorneys from Young Conaway Stargatt & Taylor LLP and Willkie Farr & Gallagher LLP are representing Franchise Group Inc., the owner of Vitamin Shoppe and other franchise brands, in Chapter 11 as it seeks to restructure its nearly $2 billion of debt.
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November 07, 2024
Boy Scouts Judge OKs Incarcerated Survivor's Late Claim
A Delaware bankruptcy judge said Thursday she will allow a Boy Scouts sexual abuse survivor, who missed a claims bar cutoff and a deadline to apply to a trust set up for abuse claimants, to file a late claim in the Boy Scouts' Chapter 11 case because he had limited access to information at the prison where he's serving an 18-year sentence.