Mid Cap
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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April 02, 2025
Kal Freight Looks To Push Out Ch. 11 Exit By One Week
California trucking group Kal Freight Inc. is looking to bump out its Chapter 11 plan effective date as it works to return trucks and trailers to lenders, its attorneys told a Texas bankruptcy judge Wednesday.
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April 02, 2025
9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal
A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.
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April 02, 2025
NJ Event Venue Avoids Ch. 11 Dismissal
A New Jersey bankruptcy judge on Wednesday declined to throw out or convert the bankruptcy case of a restaurant and event venue business called The Chariot, after the debtor said in a recent pleading that its insurance adequately covered its $42 million of property.
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April 02, 2025
Chester, Pa., Ch. 9 Document Dispute Won't Wait For Appeal
A Pennsylvania bankruptcy judge on Wednesday scuttled a request from the Chester Water Authority for a stay pending appeal of an order to produce documents to the bankrupt city of Chester, saying the utility hadn't shown the order should be frozen.
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April 02, 2025
Animal Welfare Worries, Defaults Led To Dolphin Park Ch. 11
A collection of 15 debtors in the corporate family of attraction operator The Dolphin Company were pushed toward bankruptcy by woes including defaults on secured notes, dysfunctional negotiations with creditors and concerns about animal welfare, the debtors' independent director has revealed.
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April 02, 2025
Ex-Morgan Lewis Bankruptcy Leader Joins Moore & Van Allen
Following more than a decade at Morgan Lewis & Bockius LLP, the firm's former bankruptcy, restructuring and insolvency co-head has joined Moore & Van Allen PLLC as a member.
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April 01, 2025
CarePoint's Bankruptcy Plan Needs Changes, Judge Says
A Delaware bankruptcy judge determined on Tuesday that more work is needed on the Chapter 11 plan from New Jersey hospital operator CarePoint that would have handed control of the health system's medical facilities to one of its creditors, finding the debtor must address another creditor's claim that its collateral has diminished in value.
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April 01, 2025
Heritage Coal OK To Use Lender Cash Amid Settlement Effort
A Delaware bankruptcy judge on Tuesday approved Heritage Coal owner KTRV's bid to continue using cash to support its operations as the company works to strike a settlement with secured lender Bedrock Industries.
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April 01, 2025
Catching Up With New Bankruptcy Case Action
Restaurant chain Hooters launched a Chapter 11 case with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity. Gastropub chain Bar Louie filed for bankruptcy, listing nearly $70 million of debt, about five years after its creditors took over the business during a previous bankruptcy. And a sustainability-focused financial services company filed for Chapter 11 less than a month after the firm's founder was arrested and charged with fraud.
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April 01, 2025
Meet The Attorneys Directing Hooters' Ch. 11
A team of lawyers from Foley & Lardner LLP and Ropes & Gray LLP is leading the bankruptcy case for the restaurant chain Hooters, which has reached a deal to shed its company-owned locations and exchange trade debt for equity.
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April 01, 2025
Ariz. Developer, Son Charged In $280M Sports Park Fraud
An Arizona developer and his son tricked bondholders into investing $280 million in a Phoenix-area youth sports park by falsely promising "100% occupancy prior to breaking ground" in part via the use of forged documents, federal prosecutors in Manhattan charged Tuesday.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Rockport Ch. 11 Highlights Global Settlement Considerations
A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Writing Thriller Novels Makes Me A Better Âé¶¹´«Ã½yer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Âé¶¹´«Ã½yers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.