Mid Cap
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May 30, 2025
IT Contractor's Retainer Deposit Enough To Keep Ch. 11 In NY
A New York bankruptcy judge ruled Friday that information technology contractor Sysorex Government Services Inc.'s retainer on deposit for its Chapter 11 counsel was enough to establish venue in New York, rejecting an attempt by the U.S. Trustee's Office to get the proceeding moved to another court.
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May 30, 2025
Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt
Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
Under The Radar: Bankruptcy News You May Have Missed
A creditors committee objected to Party City's liquidator, Gordon Brothers, being classified as an estate professional entitled to funds in the retailer's bankruptcy. Blue Cross Blue Shield of Massachusetts challenged Steward Health Care's Chapter 11 liquidation plan, and the debtor proposed a revised plan featuring a settlement. And customer loyalty company Kognitiv moved to dismiss its Chapter 11 case, saying it has nothing left to sell.
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May 29, 2025
Montgomery McCracken Wins $680K Fees From Ch. 11 Client
A group of property development companies that Montgomery McCracken Walker & Rhoads LLP represented through years of bankruptcy reorganization still owe the firm $680,000, a Pennsylvania federal judge ruled Wednesday.
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May 29, 2025
Stevens & Lee Adds Montgomery McCracken Bankruptcy Atty
Stevens & Lee announced Thursday it has hired an attorney who formerly worked at Montgomery McCracken Walker & Rhoads LLP to bolster its bankruptcy and financial restructuring group in Delaware.
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May 29, 2025
South Korean Insurer Sues To Enforce $14M Judgment In NY
The Korea Deposit Insurance Corp. has urged a New York federal court to recognize and enforce a $14.4 million judgment it secured in South Korea against a man who defaulted on a bank loan.
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May 29, 2025
Burr & Forman Brings On McCarter & English Bankruptcy Atty
Burr & Forman LLP has added a bankruptcy attorney from McCarter & English LLP to its Wilmington, Delaware, office to advise clients in corporate reorganizations and litigation in Chapter 11 and Chapter 7.
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May 29, 2025
Fiber Developer Tilson Hits Ch. 11 With Over $100M In Debt
Fiber network developer Tilson Technology Management Inc. and affiliates filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $100 million to $500 million in debt, claiming a client's recent failure to pay the company for work it performed had left it starved of cash and new investment.
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May 28, 2025
Government IT Provider Blamed Its Ch.11 On DOGE Cuts
Funding shortfalls, a six-figure judgment from a vendor and uncertainty over potential budget cuts from the White House's Department of Government Efficiency led government IT contractor Sysorex Government Services Inc. to file for Chapter 11 bankruptcy protection, according to the debtor.
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May 28, 2025
Catching Up With New Bankruptcy Case Action
A group of entities related to New York landlord Pinnacle Group filed for Chapter 11 protections, a clutch of companies owned by a real estate investor sentenced to jail for a scheme that defrauded Fannie Mae filed for bankruptcy protection in New Jersey, and a Canadian aluminum trader struggling to restructure filed bankruptcy in the U.S. and Canada.
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May 28, 2025
Judge Rejects Johns Hopkins Unit's Claim FCA Suit Is Untimely
A Maine federal judge on Wednesday denied Johns Hopkins Medical Services Corp.'s bid to dismiss a False Claims Act suit as untimely, ruling it must face allegations it failed to report being overpaid for healthcare services for military personnel, retirees and their families.
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May 28, 2025
Calif. Hotel Operator Sued By JV Partner In Ch. 11 Case
The joint venture partner of a bankrupt California hotel owner-operator lodged an adversary complaint against the company in its Chapter 11 bankruptcy case in Delaware, urging the court to transfer several of the joint venture's California properties.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
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May 28, 2025
Exactech Delays Ch. 11 Plan Hearing For Settlement Talks
Joint implant maker Exactech Wednesday adjourned what could have been a long and contested Chapter 11 plan confirmation hearing in Delaware, saying it began talks to settle a blitz of objections in the case.
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May 28, 2025
IT Contractor Says Retainer Deposit Lets Ch. 11 Stay In NY
Government information technology contractor Sysorex Government Services on Wednesday argued to a New York bankruptcy judge that the retainer on deposit for its bankruptcy counsel is sufficient to establish the Southern District of New York as the venue for its Chapter 11 case.
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May 28, 2025
TreeSap Farms Gets OK To Take Votes On Ch. 11 Liquidation
A Texas bankruptcy judge on Wednesday said he would allow landscape plant grower TreeSap Farms to solicit creditor votes on its Chapter 11 liquidation plan, days after the company closed on a sale of its assets to a buyer controlled by its CEO for $88 million in cash.
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May 27, 2025
Canadian Aluminum Trader Blames Trade War For Bankruptcy
A Canadian aluminum trading group has asked an Illinois bankruptcy court to recognize its Canadian insolvency proceedings, saying rising tariffs have left it with no choice but to seek to sell its assets in bankruptcy.
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May 27, 2025
23andMe Agrees To Sale, Rite Aid Pharmacy Deals Get OK
Regeneron Pharmaceuticals emerged as the winning bidder for 23andMe last week, agreeing to buy the genetics testing company out of bankruptcy for $256 million. Meanwhile, a judge approved Rite Aid's sale of pharmacy assets to CVS, Walgreens and others, and tensions flared during a hearing in Texas on disputes stemming from an undisclosed romance between a former Jackson Walker attorney and bankruptcy judge.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
Gov't Contractor Seeks Urgent $2.3M DIP Financing In Ch. 11
Technology contractor Sysorex Government Services Inc. asked a New York bankruptcy judge to approve a $2.3 million debtor-in-possession loan from its accounts receivable lender, saying a contract with the U.S. Department of Agriculture could be in jeopardy without the funds.
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May 27, 2025
Meet The Attys Helping Li-Cycle Through Ch. 15
Lithium battery recycler Li-Cycle Holdings Corp. has tapped a team of attorneys from Freshfields LLP to help it sell its business and secure new funding in Chapter 15 bankruptcy.
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May 27, 2025
Nikola Creditors Ask To Examine Founder Over $100M Award
The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.
Expert Analysis
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Cannabis Deregulation Raises Bankruptcy Access Questions
Attorneys at Thompson Coburn explore why cannabis companies have been historically prohibited from filing for bankruptcy, certain exceptions to the general rule, and the potential effects of federal deregulation on such companies' bankruptcy eligibility.
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Playing Football Made Me A Better Âé¶¹´«Ã½yer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Ch. 11 Free-And-Clear Sale Ruling Takes Pragmatic Approach
A recent ruling from a New York bankruptcy court in which the debtors were allowed to sell interests free and clear regardless of a lienholder's objection signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections, say attorneys at Eversheds Sutherland.
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Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Administrative Disaster At Bankruptcy Courts May Be In Sight
If, as a result of voluntary resignations or terminations, the professional staff of the U.S. Trustee's Office is depleted, it will undoubtedly cause a slowdown in the administrative process for the significant majority of bankruptcy cases, says Charles Tatelbaum at Tripp Scott.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Âé¶¹´«Ã½ School's Missed Lessons: Preparing For Corporate Work
Âé¶¹´«Ã½ school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Improv Makes Me A Better Âé¶¹´«Ã½yer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoÂé¶¹´«Ã½Group.
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How BigÂé¶¹´«Ã½ Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigÂé¶¹´«Ã½ firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Âé¶¹´«Ã½suits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.