Mid Cap

  • April 24, 2024

    UpHealth Wants Out Of Ex-Shareholder Claims In Ch. 11

    Bankrupt healthcare company UpHealth and its bankrupt subsidiary Thrasys Inc. have asked a Delaware bankruptcy court to toss claims filed by the representative for the former shareholders of Thrasys, saying it dropped the ball on tax litigation and never indemnified UpHealth for the associated legal fees.

  • April 24, 2024

    Comcar Trustee Hits Insurer With Demand To Hand Over Cash

    The wind-down trustee for defunct trucking firm Comcar Industries Inc. initiated an adversary case against a South Dakota insurance exchange in the Delaware bankruptcy court, saying the trustee is due funds from an account with the insurer worth at least $3.7 million.

  • April 24, 2024

    Bill O'Reilly Can't Duck Canceled Cruise Suit, Customer Says

    Bill O'Reilly cannot use his New York ties to shrug off a proposed class action, a man denied refunds for a canceled cruise has told an Arkansas federal court, arguing the former Fox News host and others gave the court jurisdiction when they launched a nationwide marketing campaign for the trip that reached Arkansas residents.

  • April 24, 2024

    Dairy Co. Oberweis Unveils $20M Bidder Ahead Of Rival Offer

    Oberweis, a bankrupt ice cream and dairy producer in Illinois, has disclosed that the owner of a local egg and dairy business made the $20 million stalking horse bid for its assets, while a family-owned private equity firm in Florida announced its own plans to acquire the company in its Chapter 11 sale.

  • April 24, 2024

    Boris Becker Settles With Creditors Over Missing Trophies

    Boris Becker's creditors have agreed not to chase the multiple Grand Slam tennis champion over the missing trophies he was accused of hiding to dodge paying debts, lawyers for the Wimbledon winner and bankruptcy trustees told a London court Wednesday.

  • April 23, 2024

    DOJ Says 2 Bankruptcy Preparers Banned In Fla., Ore.

    A disbarred lawyer and a nonattorney who separately helped clients fill out bankruptcy petitions in Florida and Oregon can no longer offer their services after courts in those states recently found they engaged in fraudulent business practices, the U.S. Department of Justice announced Tuesday.

  • April 23, 2024

    US Trustee Wary Of Shoes For Crews Ch. 11 Loan And Sale

    The U.S. Trustee's Office has objected to final approval of a debtor-in-possession loan and bidding procedures for Shoes For Crews, saying the motions would take away the right of creditors to challenge prepetition liens before the statutory 75-day deadline.

  • April 23, 2024

    Judge Agrees To OK EV Charging Co.'s Ch. 11 Plan

    A Delaware bankruptcy judge said Tuesday he will sign off on electric-vehicle charging company Charge Enterprises' proposed Chapter 11 plan once it modifies the time frame for exculpation.

  • April 23, 2024

    Israeli Biotech Files Ch. 15 To Implement Take-Private Deal

    Gamida Cell Ltd., an Israeli biotechnology company developing immunotherapy products, filed for Chapter 15 protection Monday in Delaware seeking the American court's approval of its foreign take-private proposal with unsecured lenders.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Biotech Eiger Can Sell Rare-Disease Drug For $46M In Ch. 11

    Insolvent biotechnology company Eiger BioPharmaceuticals Inc. received approval Tuesday at a hearing in Texas to sell its drug treatment for a rare genetic disorder to Sentynl Therapeutics, a subsidiary of Indian drugmaker Zydus Lifesciences, for $46.1 million.

  • April 23, 2024

    NY Panel Partially Revives Chubb, Archdiocese Abuse Row

    A New York state appeals court partially revived Chubb's coverage dispute stemming from sexual abuse claims brought against the Archdiocese of New York, finding Tuesday that a trial court incorrectly based its dismissal on underlying allegations rather than the present action.

  • April 23, 2024

    Downtown Chicago Hotel Hits Ch. 11 With Up To $50M In Debt

    A defunct hotel near Chicago's commercial center has applied for Chapter 11 protection in Delaware bankruptcy court, disclosing between $10 million and $50 million in debt, a few months after the city government converted the property into a shelter for unhoused people.

  • April 23, 2024

    ABI Names Christopher Ward President, Elects New Directors

    Christopher A. Ward of Polsinelli LLP will lead the American Bankruptcy Institute as president for a one-year term, the organization said Tuesday, and U.S. Bankruptcy Judge Bruce Harwood will succeed him next April.

  • April 22, 2024

    Petersen Health Shouldn't Get LLCs Back, Creditor Says

    A loan servicer of bankrupt senior-living company Petersen Health Care has asked a Delaware bankruptcy court to dismiss the Chapter 11 cases of 16 of Petersen's affiliates, saying they could not file for bankruptcy because they were at the time, and still are, in receivership.

  • April 22, 2024

    Subchapter V Report, Express Hits Ch. 11, NY Diocese Fallout

    The American Bankruptcy Institute held its annual spring meeting last week, where a task force on Subchapter V presented its report and recommendations on small-business bankruptcy filings, and clothing retailer Express Inc. landed in Chapter 11 with more than $1 billion in debt.

  • April 22, 2024

    Atty Says Class Bid Over Bankrupt Firm's Hurricane Ads Fails

    A proposed class action against troubled Houston law firm MMA Law Firm, a former partner and others accused of participating in an illegal scheme to scare up profitable litigation following a hurricane doesn't offer enough evidence for certification and didn't meet a filing deadline, the ex-partner told a Texas federal judge.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    SEC Says Terraform, Founder Owe $5.3B After Fraud Verdict

    The U.S. Securities and Exchange Commission has asked a Manhattan federal judge to order bankrupt cryptocurrency exchange Terraform Labs and its founder to pay roughly $5.3 billion, weeks after a jury found them liable for a massive fraud.

  • April 22, 2024

    Ex-Axiom Ince Chief Faces Bankruptcy Petition

    The former head of collapsed Axiom Ince Ltd. is facing a bankruptcy petition after being accused of misappropriating almost £65 million ($80.3 million) to fund the acquisition of Ince Group PLC and property purchases.

  • April 22, 2024

    MediaMath Ch. 11 Case Dismissed After $22M Asset Sale

    A Delaware bankruptcy judge has agreed to a structured dismissal of ad tech company MediaMath Holdings Inc.'s Chapter 11 case after the company's $22 million sale of its assets left it nothing remaining to reorganize.

  • April 19, 2024

    Casino SPAC Can Return Money, Not Shares, Chancery Rules

    Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.

  • April 19, 2024

    Casa Systems Won't Take $18M Rival Bid For Telecom Assets

    Troubled communications equipment supplier Casa Systems told a Delaware bankruptcy judge Friday it received a new offer for its cloud and radio access network unit that would fetch more cash than a previously proposed transaction, but insisted on skipping a Chapter 11 auction, arguing the existing bidder brings less closing risks.

  • April 19, 2024

    Life Sciences Biz NanoString Gets OK For $393M Ch. 11 Sale

    Insolvent biotech company NanoString can be sold to scientific instrument maker Bruker Corp., a Delaware bankruptcy judge ruled Friday, after the buyer clinched the winning bid during a 14-hour Chapter 11 auction.

  • April 19, 2024

    Bankruptcy Sets Stage For Big Healthcare Buying Frenzy

    The recent surge of healthcare bankruptcy cases has created an environment where Chapter 11's unique rules make it a prime vessel for larger enterprises to gobble up the foundering healthcare businesses of a post-pandemic world, experts say.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • 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.