The Supreme Court has opened the new year with a decision that should convince every company that ignoring a payment demand is a mistake. In Coney Island Auto Parts Unlimited, Inc. v. Burton, the Court resolved a...more
1/30/2026
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Commercial Bankruptcy ,
Default Judgment ,
Federal Rules of Bankruptcy Procedure ,
Federal Rules of Civil Procedure ,
Filing Deadlines ,
Jurisdiction ,
Motion to Vacate ,
SCOTUS ,
Service of Process ,
Split of Authority
2025 is nearly in the books, but before we turn the page, we’re taking a step back to reflect on some overlooked lessons from the bankruptcy courts. We’ve combed through the year’s rulings and selected three cases that merit...more
1/2/2026
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 7 ,
Commercial Bankruptcy ,
Contract Interpretation ,
Contract Terms ,
Corporate Governance ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Initial Public Offering (IPO) ,
Insolvency ,
Lenders ,
Limited Liability Company (LLC) ,
Special Purpose Acquisition Companies (SPACs) ,
Startups ,
Trustees ,
Trusts ,
Venture Capital
Port Elizabeth Terminal & Warehouse Corp., a major marine terminal and warehousing operator serving the Port of New York and New Jersey, filed for Chapter 11 on November 14, 2025, in the Bankruptcy Court for the District of...more
11/21/2025
/ Avoidance ,
Bankruptcy Code ,
Bankruptcy Code Section 547(b) ,
Bankruptcy Court ,
Bankruptcy Preferences ,
Best Practices ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Fraudulent Transfers ,
Insolvency ,
Risk Management ,
Supply Chain
When raising capital in the U.S., owners and directors of foreign companies have to be cognizant of how restructuring can be used by creditors to displace management and shareholders. A recent decision by the U.S. District...more
10/29/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Board of Directors ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Cross-Border Transactions ,
Debtors ,
Enforcement Actions ,
Foreign Entities ,
International Litigation ,
Involuntary Bankruptcy ,
Reorganizations
A recent decision in an adversary proceeding in Delaware, arising from the Chapter 7 liquidation of Rosetta Genomics, Inc., serves as a cautionary tale for corporate officers and directors — especially those of parent...more
9/29/2025
/ Adversary Proceedings ,
Bankruptcy Code ,
Bankruptcy Court ,
Board of Directors ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Officers ,
Cross-Border Transactions ,
Delaware ,
Directors ,
Fiduciary Duty ,
Foreign Corporations ,
Fraud ,
Subsidiaries
Earlier this summer, the Bankruptcy Court for the Southern District of New York rejected a challenge to the Litigation Administrator, Moshin Y. Meghji, lawsuits against Celsius Network LLC customers. The challenge was based...more
After several weeks of back and forth on a potential 10-year moratorium on state or local AI legislation and regulation enforcement, the final version of the so-called One Big Beautiful Bill Act, signed into law on July 4,...more
8/1/2025
/ AI Act ,
Artificial Intelligence ,
Bias ,
Compliance Dates ,
Consumer Protection Laws ,
Disclosure Requirements ,
EU ,
New Legislation ,
New Regulations ,
One Big Beautiful Bill Act ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
State and Local Government ,
State Legislatures
Section 363 of the Bankruptcy Code allows a Chapter 11 debtor to sell assets "free and clear" of existing claims, liens, encumbrances, and other liabilities. This provision facilitates expedited sales that might otherwise be...more
6/4/2025
/ 363 Sales ,
Acquisitions ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Creditors ,
Debtors ,
Due Diligence ,
Lenders ,
Liens ,
Sale of Assets ,
Section 363
Earlier this year, the FDIC, acting as receiver for Silicon Valley Bank (“SVB”), filed a breach of fiduciary duty lawsuit against six officers and eleven directors of the bank. The FDIC alleged that these individuals ignored...more
4/30/2025
/ Banks ,
Board of Directors ,
Breach of Duty ,
Corporate Governance ,
Creditors ,
Delaware General Corporation Law ,
Fiduciary Duty ,
Financial Distress ,
Insolvency ,
Popular ,
Shareholders
Third-party releases may no longer provide a shield to owners and directors of a reorganized company. Still, a New York bankruptcy court recently paved the way for another constructive solution for the individual owner of a...more
The most notable decision in the bankruptcy world in 2024 was the Supreme Court’s decision in Purdue Pharma. Harrington v. Purdue Pharma, L.P., 144 S. Ct. 2071 (2024). At the heart of the fight in Purdue Pharma were...more
1/2/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Harrington v Purdue Pharma L P ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Pharmaceutical Industry ,
Purdue Pharma ,
Release of Claims ,
SCOTUS ,
Third-Party