In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve...more
7/1/2024
/ Appeals ,
Asbestos Litigation ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Harrington v Purdue Pharma L P ,
Mass Tort Litigation ,
Non-Consensual Rights ,
Non-Debtors ,
Opioid ,
Purdue Pharma ,
SCOTUS ,
Third-Party
Early Friday morning, March 17, 2023, SVB Financial, the former holding company of SVB, filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Southern District of New York, citing the...more
3/21/2023
/ Bank Holding Company ,
Bankruptcy Code ,
Bankruptcy Court ,
Banks ,
Bridge Banks ,
Broker-Dealer ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Financial Institutions ,
Popular ,
Subsidiaries ,
Venture Capital
Lowenstein Sandler’s previous articles on crypto bankruptcies discussed the role of a creditors’ committee in protecting the rights of customers and confirmation issues arising in crypto cases. This article will delve deeper...more
Lowenstein Sandler’s previous article on crypto bankruptcies discussed some bankruptcy basics and the role of a creditors’ committee in protecting the rights of customers. This article will delve deeper into the...more
The recent Chapter 11 filings of cryptocurrency platforms Voyager Digital and Celsius Network have abruptly introduced many investors and founders in this burgeoning industry to the bankruptcy process for the first time....more
The recent bankruptcy filings of Voyager Digital Holdings, Inc. (Voyager) and Celsius Network LLC (Celsius) have abruptly introduced many customers to the bankruptcy process for the first time. ...more
Jeffrey Cohen, chair of the firm’s Bankruptcy & Restructuring Department, breaks down the unique circumstances of a decision in the Mallinckrodt Chapter 11 case and shares his view on how it may affect the legal landscape of...more
Fraudulent transfer litigation is a valuable weapon in the bankruptcy code arsenal that is commonly used to target assets that were transferred or otherwise disposed of prior to the bankruptcy. These assets, if successfully...more
In recent years, a growing number of entities, such as the Boy Scouts of America and Catholic dioceses, have sought bankruptcy protection to address liabilities arising from mass torts, the most egregious of which relate to...more
Continuing the conversation from our last episode, Michael Lichtenstein, guest host Joe Saka, and Lowenstein Bankruptcy & Restructuring Department Chair Jeff Cohen dive deeper into the insurance issues that arise in...more
In this episode, Michael introduces guest host Joe Saka, Senior Counsel in Lowenstein’s Insurance Recovery Group, who sits down with the Chair of Lowenstein’s Bankruptcy & Restructuring Department, Jeff Cohen, to discuss the...more
Originally enacted in 1978, and largely unmodified since, Section 1104(c)(2) of the Bankruptcy Code mandates the appointment of an examiner when a debtor has over $5 million of unsecured debt.
Today, that threshold is...more
In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the...more
Faced with constantly evolving circumstances in these challenging times, officers and directors should not lose sight of what is arguably their most important corporate role–that is, as a fiduciary. The question, particularly...more