Mid Cap
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January 28, 2025
Corsa Coal Sale Date, Use Of Morgan Stanley Account OK'd
Bankrupt coal miner Corsa Coal Corp. won court approval on Tuesday to extend its asset sale process by two weeks, after assuring the court its debtor-in-possession financing will last long enough to fund the Chapter 11 case until a transaction can close in March.
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January 28, 2025
Healthcare Ch. 11s Stay High Amid Costs Surge, Labor Woes
Healthcare sector bankruptcy filings reached their second-highest level in six years in 2024, with 57 companies seeking Chapter 11 protection as rising costs and sluggish reimbursement rates continued to ripple through the industry, according to a new report by restructuring advisory firm Gibbins Advisors.
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January 28, 2025
Creditors Can Join Nostrum Sale Talks, Ch. 11 Judge Rules
A bankruptcy judge on Tuesday approved a bid from the official committee of unsecured creditors in drugmaker Nostrum Laboratories Inc.'s Chapter 11 case to help investment bank Raymond James find a buyer for the debtor's assets.
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January 28, 2025
Bankruptcy Group Of The Year: Brown Rudnick
Brown Rudnick LLP's bankruptcy group helped secure a full recovery for BlockFi customers and persuaded a New Jersey bankruptcy judge to grant Chapter 15 recognition to a decentralized autonomous organization for the first time ever, earning it a spot among the 2024 Law360 Bankruptcy Groups of the Year.
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January 28, 2025
NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans
Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.
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January 27, 2025
Purdue Nears Ch. 11 Deal, Yellow Corp. Fends Off WARN Suit
From a looming settlement in the Purdue bankruptcy to a pair of retailers overcoming objections to their Chapter 11 plans, here are some of the biggest bankruptcy news from the past week.
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January 27, 2025
Investor Accuses 'Chicken Soup' Parent Of Mismanagement
A corporate investor in Chicken Soup for the Soul Holdings LLC has accused the publishing company, which has released popular self-help books for decades, of mismanagement leading up to a subsidiary's Chapter 7 liquidation, saying the company didn't provide proper financial information requested by the investor.
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January 27, 2025
Kal Freight Lenders Want Ch. 11 Examiner For Fraud Claims
Creditors of California-based trucking company Kal Freight Inc. asked a Texas bankruptcy judge to appoint an independent examiner to investigate allegations of prepetition fraud and mismanagement made against the company and its owner.
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January 27, 2025
California's Oldest Indy Bookstore Gets Ch. 11 Lifeline
A California bankruptcy judge on Monday gave the Golden State's oldest independent bookstore chain, Books Inc., approval on a raft of first-day motions to ease its navigation through a Chapter 11 case the company launched to address burdensome rent and lower profits in the wake of the COVID-19 pandemic.
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January 27, 2025
174-Year-Old Bookstore Says Its Story Won't End On Ch. 11
Changes in customer buying patterns following the COVID-19 pandemic have led Books Inc., the Bay Area's oldest independent bookstore operator, to enter Chapter 11 with plans to close its Berkeley location early next month while continuing to operate 10 other shops in and around San Francisco.
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January 24, 2025
Under The Radar: Bankruptcy News You May Have Missed
The daughter of bankrupt Chinese exile Miles Guo is fighting a contempt bid brought by the Chapter 11 trustee of her father's estate. Brazilian airline Gol Linhas and Spirit Airlines are seeking to implement third-party releases in their respective Chapter 11 plans. And bankrupt financial technology company Synapse appears to be the subject of a grand jury investigation.
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January 24, 2025
Justices Urged To Review Souvenir Store's TM Fraud Case
A Florida souvenir store chain has asked the U.S. Supreme Court to consider its challenge to a Second Circuit decision foreclosing its arguments that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement in yearslong litigation between the competitors.
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January 24, 2025
Opt-Out Releases Approved In Container Store Ch. 11 Plan
A Texas bankruptcy judge on Friday approved a prepackaged Chapter 11 plan for The Container Store that includes opt-out releases in favor of nondebtors, saying the provisions don't run afoul of the Supreme Court's recent Purdue ruling or of Fifth Circuit precedent.
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January 24, 2025
9th Circ. Renews Billing Co.'s Suit Against Texas Data Firm
A Ninth Circuit panel on Friday partly revived a Washington billing services company's lawsuit over a soured business deal with bankrupt Addison Data Services, finding a bankruptcy settlement agreement and the statute of limitations can't keep the plaintiff from pursuing its breach of fiduciary duty claims.
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January 24, 2025
Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders
A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.
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January 24, 2025
Grier Wright Tapped For Insurance Mogul's $2B Liquidation
Bankruptcy attorney Joseph Grier of Grier Wright Martinez PA will serve as special master to identify, receive, track and distribute billions of dollars that will go toward restitution to victims defrauded by convicted insurance mogul Greg Lindberg, a North Carolina federal judge ruled.
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January 24, 2025
La. Judge Returns $22M Hurricane Ida Claim To State Court
A Louisiana federal judge has sent a $22 million insurance dispute over oil drilling equipment damaged by Hurricane Ida back to state court, citing an invalid arbitration clause between the parties.
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January 24, 2025
5th Circ. Serta Ruling Gives Grist For Lenders Left Behind
A Fifth Circuit decision rejecting mattress maker Serta Simmons' controversial "uptier" exchange offers new ammunition for an array of investors excluded from non-pro rata debt transactions, a development that could curb favored creditors and private equity firms' appetite for deals marked by so-called lender-on-lender violence.
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January 23, 2025
Pivot To Conventional Oil Offers Hope For Reorganized Vertex
Fuel refiner Vertex has effectuated its plan to emerge from bankruptcy by recapitalizing with up to $100 million in new financing while handing equity to old lenders, and experts say it may fare better now by focusing on conventional oil production.
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January 23, 2025
US Trustee Objects To Blink Fitness Ch. 11 Plan Exculpations
The U.S. Trustee's Office has urged a Delaware bankruptcy judge not to confirm Blink Fitness' Chapter 11 plan, arguing it is unfairly seeking to exculpate professionals for future acts and extend an injunction to third-party releases.
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January 23, 2025
CarePoint's Ch. 11 Docs OKd, But Confirmation Fight Looms
Bankrupt hospital owner CarePoint Health Systems Inc. received approval of its Chapter 11 plan disclosure statement Thursday after a Delaware bankruptcy judge heard about a string of modifications that resolved objections, but some issues still remain ahead of a March confirmation hearing.
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January 23, 2025
NY Judge Scolds Firm Amid Rise In Real Estate Ch. 11s
A New York judge stripped a local Long Island law firm of nearly all its retainer and the legal fees it had submitted for pursuing what he described as a meritless Chapter 11 case, putting attorneys on notice that they should think twice before contributing to the flood of landlords filing for bankruptcy in an effort to escape foreclosure in his district.
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January 23, 2025
GenapSys Says Paul Hastings Can't Keep Privileged Docs
GenapSys is pushing back on Paul Hastings LLP's bid to force it to turn over documents that it had inadvertently released during discovery in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.
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January 23, 2025
Resort Developer Can Tap Full $11M City-Funded DIP In Ch. 11
A stalled developer received a Delaware bankruptcy judge's final seal of approval Thursday to use an $11 million loan funded by the California city where it planned to build a resort as it prepares to sell its assets in Chapter 11.
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January 23, 2025
White And Williams' NY Office Head Named Bankruptcy Chair
The managing partner of White and Williams LLP's New York office has taken on the role of chair of the firm's financial restructuring and bankruptcy practice, where she plans to focus on improving the practice group's visibility while ensuring high quality of client service and helping its attorneys to excel.
Expert Analysis
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.