Large Cap
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February 27, 2025
Jones Day Gets OK For $52M In NY Diocese Ch. 11 Fees
A New York bankruptcy judge Thursday gave final approval to Jones Day's request for nearly $52 million in compensation for shepherding Long Island's Roman Catholic diocese through its Chapter 11 case, overruling arguments it spent too much time objecting to claims.
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February 26, 2025
For Large Firms, A Day In Ch. 11 Can Be Costlier Than Ever
Large companies are paying more to restructure debt both during bankruptcy and in the months leading up to a Chapter 11 filing, with the typical cost of a day in court ballooning in recent years, according to a new paper by Harvard Law School Professor Jared A. Ellias.
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February 26, 2025
Jailed Ex-FTX Exec's Lawyers Can't Drop From Ch. 11 Suit
Attorneys from Montgomery McCracken Walker & Rhoads LLP representing former FTX Trading executive Ryan Salame cannot yet withdraw as his counsel in an adversary case seeking the return of $99 million in company funds after a Delaware bankruptcy judge said Wednesday he needed more information about the firm's difficulties in communicating with their incarcerated client.
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February 26, 2025
Willkie Wins Sanctions, But Fees Cut, In Old Asbestos Ch. 11
Willkie Farr & Gallagher LLP has won sanctions against plaintiffs in the 1982 bankruptcy case of Johns Manville Corp., but the firm's fee award was drastically slashed after a New York judge found that lawyers had not provided enough details about their work.
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February 26, 2025
Joann To Wind Down Operations After Judge Approves Plan
A Delaware bankruptcy judge on Wednesday approved renowned fabric and crafts retailer Joann Inc. to wind down its operations after a "global consensus" was reached among the debtor, lender and creditors committee, allowing the 80-year-old chain to hold going-out-of-business sales.
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February 26, 2025
Party City Approved To Sell IP, Assets For $20.6M In Ch. 11
A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.
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February 26, 2025
Judge Sets Deadline For Terraform Crypto Loss Claims
A Delaware bankruptcy judge Wednesday approved a request by the Chapter 11 plan administrator of defunct cryptocurrency software developer Terraform Labs to set an April 30 deadline for any claims of losses from Terraform's collapsed stablecoin.
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February 26, 2025
Judge To OK Sale-Leaseback Of Big Lots HQ In Ch. 11
A Delaware bankruptcy judge Wednesday agreed to allow discount retail chain Big Lots to sell its Ohio headquarters to hospital operator OhioHealth Corp. for $36 million and lease it back from the buyer until it wraps up its operations.
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February 25, 2025
Epiq Explains Ballot Flip In J&J Talc Unit's $10B Ch. 11 Plan
A Texas bankruptcy judge Tuesday heard how a claims agent accepted a ballot that flipped some 11,000 already cast votes on the Chapter 11 plan of Johnson & Johnson's talc liability unit.
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February 25, 2025
Alex Jones Asks To Maintain Stay On Sandy Hook Payment
Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.
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February 25, 2025
How Joann's Bankruptcy Led To The Closure Of All Its Stores
Over the weekend, Joann Inc., the renowned fabric and crafts retailer, announced plans to close all 800 of its stores nationwide and wind down operations, after failing to draw bids from any potential buyers who planned to keep the stores open.
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February 25, 2025
NY AG Probe Latest Headache For Crumbling Property Empire
Following New York's passage of a tenant-friendly rent law in 2019, a spate of distressed Emerald Equity Group LLC properties are facing foreclosure or bankruptcy. Now, scrutiny by the state Attorney General's Office has added a new layer to the landlord's ongoing struggles.
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February 25, 2025
Purdue Gets Time To Document New $7.4B Ch. 11 Settlement
Counsel for bankrupt drugmaker Purdue Pharma received approval Tuesday for an extension of a mediation window during which litigation against nondebtors is paused after telling a New York judge that it has reached definitive terms on a new $7.4 billion settlement of opioid claims and needs time to finalize documentation surrounding the deal.
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February 24, 2025
Ex-Judge Hopes To Avoid Testimony In Atty Romance Probe
Former Texas bankruptcy judge David R. Jones said Monday that he's been talking with the U.S. Trustee with the aim of avoiding "live trial testimony" in the probe of his undisclosed romantic relationship with a former Jackson Walker LLP partner, arguing that he's already given a deposition.
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February 24, 2025
Claimant Attys Explain J&J Ch. 11 Plan Vote Switch
An attorney whose firm represented about 11,000 talc injury claimants told a Texas bankruptcy judge Monday about the process by which he cast ballots for his clients in favor of the $10 billion Chapter 11 plan settlement proposed by Johnson & Johnson's talc unit.
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February 24, 2025
La. Environmental Suits Not Discharged In Texaco's Old Ch. 11
A New York bankruptcy judge has allowed Texaco to reopen its 37-year-old bankruptcy case to adjudicate environmental cleanup lawsuits worth up to $100 million filed by Louisiana government entities but declined to discharge the suits, finding they were carved out of the confirmed Chapter 11 plan.
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February 24, 2025
Seyfarth Hires Veteran Bankruptcy Atty For Chicago Office
Seyfarth Shaw LLP hired a veteran bankruptcy and commercial litigation attorney as a partner for the restructuring and insolvency team in its Chicago office, the firm has announced.
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February 24, 2025
Wellpath Delays Chapter 11 Exit To Buy Time For Creditor Deal
Wellpath will delay confirmation of its Chapter 11 plan by two weeks to buy time to work through objections to the reorganization of its prison healthcare business, attorneys told a Texas bankruptcy judge Monday.
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February 24, 2025
Purdue's New Ch. 11 Plan Sidesteps Nonconsensual Releases
Mediators helping to craft a new settlement in the case of bankrupt OxyContin maker Purdue Pharma LP said in their latest update in New York bankruptcy court that the company's revised deal does not contain nonconsensual third-party waivers.
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February 24, 2025
Spirit's Ch. 11 Marks Shift To Debt Reduction Over Cost Cuts
With fresh court approval of its Chapter 11 plan in hand, Spirit Airlines is set to emerge from bankruptcy carrying $795 million less in debt, marking a new generation of air carriers to file for bankruptcy in order to shave debt rather than cut operating costs, according to a Fitch Ratings report.
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February 24, 2025
Spirit Gets Ch. 11 Plan OK; J&J Unit Brings Ch. 11 Plan To Trial
A bankruptcy judge gave Spirit Airlines the all-clear to eliminate nearly $800 million in debt while giving creditors control over the business; Johnson & Johnson's talc spinoff went to trial over a proposed Chapter 11 plan; and the U.S. Trustee's Office took issue with the final $52 million fee application from lawyers for a New York Catholic diocese.
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February 24, 2025
High Court Won't Hear Bankruptcy 'Safe Harbor' Dispute
The U.S. Supreme Court declined Monday to hear a dispute over what transactions are protected from clawback by a trustee, leaving in place a Second Circuit decision finding that the U.S. Bankruptcy Code's safe harbor provisions trump the trustee's state-law based fraudulent transfer claims.
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February 24, 2025
Steward Health Risking Patient Lives At Hospitals, Buyer Says
The buyer of eight Steward Health Care hospitals said the bankrupt company is putting patients' lives at risk by failing to provide funds and services it promised, urging a Texas federal judge to compel Steward to comply with contracts it signed as part of its hospital sales.
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February 24, 2025
Zips Car Wash Gets 4-Member Ch. 11 Creditor Committee
The U.S. Department of Justice's bankruptcy watchdog named landlords and trade vendors to advocate for unsecured creditors slated to get no recoveries in the Texas Chapter 11 of Zips Car Wash.
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February 24, 2025
Yellow Corp. Gets OK To Sell More Terminals For $15.1M
A Delaware bankruptcy judge has signed off on Yellow Corp.'s $15.1 million sale of trucking terminals and other property to three buyers, as the defunct trucking company looks to add to the more than $2 billion it has already brought in from asset sales in Chapter 11.
Expert Analysis
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.