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Mid Cap

  • April 07, 2025

    Ore. Distillery Hits Ch. 11 After Demand Drop, Supply Glut

    Oregon whiskey distillery House Spirits Distillery LLC has filed a streamlined Chapter 11 for businesses with small debt loads in Delaware, saying a post-COVID drop in alcohol demand mixed with a glut of inventory had hampered its financial health.

  • April 07, 2025

    Silvergate Ch. 11 Examiner Finds Issues With Investigation

    An examiner appointed in the Chapter 11 case of bank parent Silvergate Capital Corporation has filed a report in Delaware bankruptcy court identifying some concerns with an independent investigation of potential claims against the company's directors and officers.

  • April 07, 2025

    J&J Ch. 11 Case Tossed, New Tariffs May Boost Bankruptcies

    A Texas bankruptcy judge dismissed Johnson & Johnson's third attempt to settle cancer claims through Chapter 11, tossing Red River Talc's bankruptcy case and a $9 billion deal. Âé¶¹´«Ã½360 has learned that dozens of employees of the U.S. Trustee Program have accepted buyouts. And experts say new tariffs under President Donald Trump may drive even more insolvencies as economic pressures mount. This is the week in bankruptcy. 

  • April 07, 2025

    Girardi Hearing On Prison Option Pushed To May

    A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.

  • April 07, 2025

    Dynamic Aerostructures OK'd For $16M Going-Concern Sale

    A Delaware bankruptcy judge on Monday approved aerospace parts supplier Dynamic Aerostructures' $16 million sale of its business to a unit of private equity firm Avem Partners after the company failed to attract any other qualified bids.

  • April 04, 2025

    4th Circ. Rules Ch. 7 Debtor On The Hook For Mortgage Bill

    The Fourth Circuit on Friday revived class claims by a Chapter 7 debtor who received a collection letter over a defaulted mortgage, saying the debtor still has obligations to pay the mortgage lender, partially overturning a West Virginia district court's decision. 

  • April 04, 2025

    Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake

    In this month's review of ongoing defamation fights, Âé¶¹´«Ã½360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.

  • April 04, 2025

    Already Lean US Trustee Program Sees 58 Take Buyouts

    Dozens of employees of the United States Trustee Program have taken buyouts offered by the federal government, Âé¶¹´«Ã½360 has learned, leaving the office at a time when experts say it is already running a lean operation and risking its ability to efficiently execute on its mission if future cuts are made.

  • April 04, 2025

    Azzur Creditors Call $61M DIP Rollup Excessive

    The unsecured creditors of Azzur Group urged a Delaware bankruptcy judge Friday to reject a proposed $84.5 million Chapter 11 financing package, saying far too much of it is a rollup of the biotech consulting firm's pre-bankruptcy debt.

  • April 04, 2025

    Under The Radar: Bankruptcy News You May Have Missed

    A bankruptcy judge approved the retention of a repossession agent that the trustee for Chinese exile Miles Guo used to recover a small private jet from his son, a federal court stood by a ruling that refused to let Sorrento Therapeutics shareholders probe a matter related to a former judge's romantic relationship, and shoe designer Zigi USA filed its Chapter 11 plan. These are some of the bankruptcy stories you may have missed in the last week.

  • April 04, 2025

    Trevor Milton Wants Nikola Corp. Ch. 11 Subpoena Quashed

    Recently pardoned Nikola Corp. founder Trevor Milton asked a Delaware bankruptcy judge to reject a subpoena seeking documents from an arbitration between the former CEO and embattled electric-vehicle maker.

  • April 04, 2025

    Heritage Coal Gets April Hearing On Creditor Deal

    A Delaware bankruptcy judge on Friday said she would hear arguments on bankrupt Heritage Coal owner KTRV's settlement with a secured lender in two weeks, overruling creditors who said they need more time to look at the deal.

  • April 04, 2025

    The Supreme Court's Week: By The Numbers

    The U.S. Supreme Court heard arguments in four cases this week, including over tax exemptions for religious charities and the ability of the families of terror attack victims to sue the Palestine Liberation Organization, while issuing two decisions, including one that personal injury claims can be brought under the federal racketeering statute. Here, Âé¶¹´«Ã½360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.

  • April 04, 2025

    NY Youth Welfare Org Snags $9M Real Estate Bid In Ch. 11

    Bankrupt youth mental health provider St. Christopher's Inc. is asking a New York bankruptcy court to approve the private sale of a 22.1 acre property for $9 million.

  • April 03, 2025

    Ex-Judge, Profs Ask Justices To Weigh 9th Circ. Ch. 7 Ruling

    A former bankruptcy judge and five law professors have asked the U.S. Supreme Court to review a Ninth Circuit opinion protecting the state of Montana from a real estate mogul and Montana ski resort founder's bid for damages over an involuntary Chapter 7 the state initiated.

  • April 03, 2025

    Plastic Recycler Headed For Ch. 11 Auction In May

    An Indiana plastic recycling plant can move forward with an auction next month after a Delaware bankruptcy judge said that a quick timeline was appropriate.

  • April 03, 2025

    Loyalty Platform Kognitiv Hits Ch. 11 With Over $10M In Debt

    Customer loyalty platform Kognitiv US LLC filed for Chapter 11 on Wednesday in Delaware bankruptcy court, citing more than $10 million in liabilities with a plan to sell its assets to another loyalty platform.

  • April 03, 2025

    Trade War Likely To Swell Already Rising Insolvency Forecast

    Sticky inflation and elevated interest rates were already expected to drive more businesses into bankruptcy this year, but even more could become insolvent if the United States' new tariff regime sparks an all-out global trade war, experts told Âé¶¹´«Ã½360.

  • April 03, 2025

    US Trustee Wants Jackson Walker Cases In District Court

    The U.S. Trustee's Office has renewed its call for a district court trial over whether Jackson Walker LLP should return millions in fees for failing to disclose an ex-partner's romance with a bankruptcy judge, saying all the questions in the case should be tried in one venue.

  • April 03, 2025

    Fla. Âé¶¹´«Ã½ School Launches Bankruptcy Âé¶¹´«Ã½ Pro Bono Clinic

    With 37 years in bankruptcy law under his belt, Florida State University College of Âé¶¹´«Ã½ adjunct professor Michael Markham has launched a bankruptcy pro bono clinic to connect future attorneys with the much-needed practice that he's enjoyed for so many years.

  • April 03, 2025

    Soybean Co. Benson Hill Gets 3-Member Creditors Committee

    The Office of the U.S. Trustee appointed the unsecured creditors committee in high-protein soybean developer Benson Hill Inc.'s Chapter 11 case, composing a three-member group of American Natural Processors Inc., L7 Informatics Inc. and Anaplan Inc.

  • April 03, 2025

    Johnson Pope Bankruptcy Duo Joins Berger Singerman

    Berger Singerman LLP announced that a pair of bankruptcy and restructuring attorneys from Johnson Pope Bokor Ruppel & Burns LLP have joined the firm's Tampa, Florida, office as part of its business reorganization team.

  • April 02, 2025

    Avison Young's Miami Team Thrives In Full-Court Press

    When a high-profile piece of property lands in the middle of a court case in Florida, there's a good chance the phone will soon be ringing in global real estate advisory firm Avison Young's Miami office.

  • April 02, 2025

    Hooters Can Tap $5M Of Its $40M In Proposed Ch. 11 Loans

    Bankrupt restaurant chain Hooters of America LLC can access $5 million in interim financing from a $40 million debtor-in-possession package from its prepetition lenders as it transitions to a franchise-only model, a Texas bankruptcy judge said Wednesday.

  • April 02, 2025

    Aspiration Partners Gets Interim OK For Ch. 11 Financing

    Sustainability-focused financial services provider Aspiration Partners Inc. on Wednesday secured the Delaware bankruptcy court's interim approval to tap $2.2 million of an $18 million Chapter 11 financing facility as the company looks for a buyer, following its co-founder's arrest last month on federal fraud charges.

Expert Analysis

  • 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 Âé¶¹´«Ã½

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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 Âé¶¹´«Ã½ and Ann Kramer at Reed Smith.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Performing Music Makes Me A Better Âé¶¹´«Ã½yer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bankruptcy Must Be On The Table As A Student Loan Solution

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    Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.

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