Mid Cap

  • June 18, 2024

    Kristen Bell's Baby Co. Gets OK For Ch. 11 Plan

    A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 plan for Unconditional Love Inc., the baby-product company founded by actress Kristen Bell that does business as Hello Bello, as it prepares to wind down its business.

  • June 18, 2024

    Cancer Test Company DermTech Hits Ch. 11, Seeking Sale

    California-based dermatologic test maker DermTech Inc. hit Chapter 11 Tuesday in Delaware and said it would be laying off about 20% of its workforce as it seeks to sell its assets.

  • June 18, 2024

    Electric Vehicle Startup Fisker Hits Ch. 11 With Sale Plans

    Electric vehicle company Fisker Group Inc. has petitioned for Chapter 11 protection in Delaware bankruptcy court with more than $100 million of debt, months after the collapse of a potential partnership with a major automaker imperiled the startup's attempts to raise new financing.

  • June 17, 2024

    Cybersecurity Co. Appgate Gets OK For Prepack Ch. 11 Plan

    A Delaware bankruptcy judge said Monday he would confirm network security solutions provider Appgate Inc.'s prepackaged Chapter 11 plan, and overruled an objection from the U.S. Trustee's Office to the plan's release opt-out form for equity interest holders.

  • June 17, 2024

    Creditors Say Giuliani Is 'Shrewd' And Needs Ch. 11 Trustee

    Rudy Giuliani's creditors made their argument to a New York judge on Monday about why they felt he should be stripped of control of his bankruptcy case, disparaging his motives, missing financial information and ability to stick to a budget.

  • June 17, 2024

    SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'

    Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.

  • June 17, 2024

    Justices Side With US Trustee, Alex Jones Switches To Ch. 7

    The U.S. Supreme Court ruled there would be no retroactive redress for a disparity between U.S. trustee fees in different jurisdictions, seafood restaurant chain Red Lobster struck a deal with creditors to hammer out a reorganization plan, and a Texas judge pulled the trigger on converting Alex Jones' Chapter 11 case to a Chapter 7.

  • June 17, 2024

    Dutch Insurer Says Record Clear To Affirm $160M Arbitration

    A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

  • June 17, 2024

    Ex-Stimwave CEO Gets 6 Years For Dummy Implant Scheme

    The founder and former CEO of Stimwave Technologies was sentenced to six years in prison Monday after tearfully proclaiming her innocence to healthcare fraud charges, with a Manhattan federal judge saying it's "sad" the defendant doesn't recognize the harm she inflicted by selling nonfunctional pain management device components.

  • June 17, 2024

    NY Archdiocese Wants Abuse Coverage Suit Tossed

    The Archdiocese of New York sought dismissal of Chubb's bid to evade coverage of over 1,700 underlying sexual abuse claims brought under the Child Victims Act, filing counterclaims with a state court alleging that the carrier has wrongfully refused coverage and must indemnify the organization in the underlying claims.

  • June 17, 2024

    Rubio's Taco Chain Faces WARN Act Suit Over Layoffs

    Rubio's Coastal Grill, a fast-casual restaurant chain and a Chapter 11 debtor, was hit with a putative class action in Delaware bankruptcy court that alleges it failed to provide proper notice to employees when the company shut down several locations at the time of its latest bankruptcy filing.

  • June 17, 2024

    Spinal Implant Maker's Creditors Vote To Approve Ch. 11 Plan

    InVivo Therapeutics Corp.'s creditors have voted to accept the biotechnology company's Chapter 11 liquidation plan, with an official for the debtor reporting in a Monday filing with the Delaware bankruptcy court that two creditor classes unanimously approved the proposal.

  • June 17, 2024

    Talc Claimants Want Documents In Fight Over J&J Unit Venue

    Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

  • June 17, 2024

    Vesttoo Trust Objects To Kaplan Hecker Fee Bid

    The liquidating trustee for bankrupt fintech business Vesttoo Ltd. has asked a Delaware bankruptcy judge to deny fees for Kaplan Hecker & Fink LLP, which had been proposed to counsel the company, saying the firm's retention application wasn't confirmed before the Chapter 11 plan became effective.

  • June 14, 2024

    Judge Converts Alex Jones Ch. 11, Tosses Media Co.'s Case

    A Texas bankruptcy judge on Friday turned Alex Jones' bankruptcy case into a Chapter 7, allowing a trustee to liquidate the right-wing conspiracy theorist and media personality's assets to repay creditors, but declined to convert the Chapter 11 of the company that runs Jones' online show, dismissing its petition instead.

  • June 14, 2024

    Fed Limits Bank's Fintech Dealings Over Risk Concerns

    The Federal Reserve filed a cease-and-desist order against an Arkansas bank Friday requiring it to obtain federal and state approval before partnering with any fintech companies going forward after the agency identified risk management deficiencies in recent safety and compliance exams.

  • June 14, 2024

    Blistering Dissents Belie Justices' Penchant For Consensus

    Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.

  • June 14, 2024

    Forward-Looking Fix Resolves Yearslong Ch. 11 Fee Fight

    The U.S. Supreme Court looked to the future rather than the past when deciding Friday that Congress' bandage to mask the scar from $326 million in alleged U.S. Trustee's Office fee overpayments was enough to fix the issue, bringing into stark contrast the philosophical differences in how the justices remedy constitutional breaches, experts told Law360.

  • June 14, 2024

    Almond Grower Trinitas Can Sell Ranches For $121M In Ch. 11

    The debtor-in-possession lender and unsecured creditors of almond grower Trinitas Farming LLC told a California bankruptcy judge on Friday they had resolved their dispute over Trinitas' liquidation strategy, clearing the way to proceed with the $121 million sale of 25 ranches.

  • June 14, 2024

    Ch. 11 Trustee Approved In Tommy's Boats Bankruptcy

    At a hearing on Friday, a Texas bankruptcy judge authorized the appointment of a Chapter 11 trustee in the bankruptcy of boat and water sports retailer Tommy's Boats after the company was recently denied the use of lender M&T Bank's cash collateral to fund the case.

  • June 14, 2024

    Aircraft Maker Icon Picks German Co.'s Bid In Ch. 11 Auction

    Light-sport aircraft manufacturer Icon Aircraft said Friday it selected a $15.5 million offer from a unit of German textile machinery producer Durkopp Adler as the winning bid for its assets at a Chapter 11 auction held a day earlier.

  • June 14, 2024

    Meet The Attorneys In Coach USA Inc.'s Ch. 11

    A team of lawyers from Young Conaway Stargatt & Taylor LLP and Alston & Bird LLP whose experience encompasses complex restructurings is helping bus company Coach USA Inc. navigate Chapter 11 so the company can auction off its assets in August.

  • June 14, 2024

    Petersen Creditors Ask To Probe Private Plane Buy, CEO Pay

    Nursing home operator Petersen Health Care's creditors urged the Delaware bankruptcy court to let them examine transactions between the debtor and related entities that aren't in its Chapter 11 case, including the purchase of a private plane and what they described as the use of company funds for an executive's personal expenses.

  • June 14, 2024

    Goetz Fitzpatrick To Merge With Platzer Swergold Next Year

    Goetz Fitzpatrick LLP and Platzer Swergold Goldberg Katz & Jaslow LLP will combine forces next year to create a single New York City firm.

  • June 14, 2024

    No Retroactive Fix For US Trustee Fee Dispute, Justices Say

    The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.

Expert Analysis

  • A Look At Subchapter V As Debt Limit Expiration Looms

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    If proposed legislation to extend Subchapter V’s debt eligibility ceiling sunset date in June is passed, bankruptcy professionals can seek ways to work with their local jurisdictions to advocate for code changes and guidance that bring more efficiencies and clarity to the process, say Matthew Brash at Newpoint Advisors and Melinda Bennett at Stretto.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key

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    Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.

  • Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy

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    In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Conn. Bankruptcy Ruling Furthers Limitation Extension Split

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    A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

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