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Mayer Brown

BGH zur Wirecard-Insolvenz: Aktionärsansprüche sind keine einfachen Insolvenzforderungen

Mayer Brown on

Der Bundesgerichtshof (Pressemitteilung vom 13.11.2025) stellt in seinem heutigen Urteil klar: Kapitalmarktrechtliche Schadensersatzansprüche von Aktionären – etwa wegen irreführender Ad-hoc-Mitteilungen oder Täuschungen über...more

McGuireWoods LLP

Fifth Circuit Issues Pro-Policyholder Ruling that ADR Proceeding Triggered Insurer’s Duty to Defend and Indemnify

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On October 20, 2025, the United States Court of Appeals for the Fifth Circuit issued a significant decision clarifying that an insurer’s duty to defend under Texas law extends to a contractually mandated alternative dispute...more

King & Spalding

Bankruptcy Court Holds That Creditor Did Not Act as Mere Conduit for Preferential Transfers

King & Spalding on

On September 17, 2025, the U.S. Bankruptcy Court for the District of Connecticut rejected an argument by a debtor that payments made by its creditor to a financial consultant were preferential transfers under the Bankruptcy...more

Mayer Brown

German Insolvency Law - Rights and Duties of the Creditors' Committee

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RIGHTS AND DUTIES OF THE CREDITORS' COMMITTEE - The principal body representing insolvency creditors is the creditors' assembly, through which creditors jointly exercise their rights vis-a-vis the insolvency debtor, the...more

Polsinelli

3rd Quarter 2025 Analysis - Polsinelli-TrBK Distress Indices

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The Polsinelli | TrBK Distress Indices are prepared and published quarterly. The indices are contrarian measures of economic performance, and are intended to reflect the level of economic distress in the U.S. economy by...more

Lathrop GPM

Texas Court of Appeals Affirms Take-Nothing Judgment in Favor of Jack in the Box

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A state appellate court in Texas affirmed a take-nothing judgment in favor of Jack in the Box, rejecting a bankruptcy trustee’s claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and...more

King & Spalding

Bankruptcy Court Allows Debtors to Replead Usury Allegations Against Foreclosing Lender Under Florida Law

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Following oral argument on June 30, 2025, the U.S. Bankruptcy Court for the Southern District of Florida refused to dismiss a Chapter 11 adversary proceeding in which debtors BH Downtown Miami LLC and 340 Biscayne Owner LLC...more

Goodwin

Outnumbered, Not Outplayed: Minority Lenders Successfully Challenge Exclusive Backstop Agreement on Equal Treatment Grounds in...

Goodwin on

The District Court for the Southern District of Texas (the “District Court”) recently issued a ruling in the chapter 11 cases of ConvergeOne Holdings, Inc. and its affiliated debtors (together, the “Debtors”) prohibiting the...more

Stark & Stark

Defending Rite-Aid’s Preference Claims - Know Your Rights

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​​​​​​​Over one thousand creditors were “preferred” as Rite Aid ran up to its first bankruptcy filing in 2023. That is what the trustee appointed to liquidate Rite Aid’s assets is alleging in a tidal wave of lawsuits recently...more

Walkers

Old rule, new relevance: The Court of Appeal reaffirms the Houldsworth principle

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Walkers represented the joint official liquidators of HQP Corporation Limited (in Official Liquidation) in a landmark decision in which the Court of Appeal (the 'CICA') held that the Houldsworth principle remains part of...more

Hinshaw & Culbertson - Consumer Crossroads

Mortgage Lender Insights: Exploring the Impact of Surrendering Collateral in Bankruptcy on Foreclosure Litigation

A debtor’s statement of intention to surrender collateral under 11 U.S.C. 521(a)(2) in bankruptcy may impact their ability to contest foreclosure, primarily due to the application of judicial estoppel. This blog post explores...more

Falcon Rappaport & Berkman LLP

Bankruptcy Court Grants In Rem Relief to Creditor, Strengthening Protections Against Serial Bankruptcy Filers

In a recent decision that reinforces creditor protections against serial bankruptcy filers, the United States Bankruptcy Court for the Eastern District of California granted in rem stay relief under Section 362(d)(4) of the...more

King & Spalding

Southern District of New York Finds Bankruptcy Plan Administrator Bound By Rule 9(b) in Claims Against Bank

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On August 4, 2025, the U.S. District Court for the Southern District of New York granted Metropolitan Commercial Bank’s motion to dismiss a complaint by the plan administrator for the Voyager Wind-Down Debtor for failure to...more

Ward and Smith, P.A.

Friend or Fraudster: How a Contractor Scam Artist Drove a Company Into Bankruptcy

Ward and Smith, P.A. on

When Maria Brown-Lindsey and her brother inherited multiple rental properties in North Carolina upon their father's death in 2013, they saw an opportunity. The properties could be rented more profitably if they were repaired...more

DarrowEverett LLP

Navigating FCC Rules in Broadcast Lending and Collateral Structuring

DarrowEverett LLP on

Under the Communications Act of 1934, as amended (the "Communications Act"), a Federal Communications Commission (the "FCC") broadcast license cannot be owned or directly encumbered by security interests. Still, lenders...more

White and Williams LLP

Rite Aid Files a Thousand Preference Actions

White and Williams LLP on

Rite Aid is now in its second bankruptcy in less than two years. Despite the failed reorganization efforts of the first bankruptcy, nearly a thousand complaints were recently filed in the Bankruptcy Court for the District of...more

Fox Rothschild LLP

Defining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case Study

Fox Rothschild LLP on

In 2024, the Supreme Court, in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024), held that the Bankruptcy Code does not authorize nonconsensual third-party releases in Chapter 11 reorganization plans, meaning affected...more

Pillsbury - Propel

Top 10 Things to Watch Out for When Cash Flow Is Tight: Restructuring Considerations for ECVC-Backed Companies

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In today’s volatile funding landscape, even high-potential early- and growth-stage companies can find themselves navigating tight liquidity conditions. For founders and executive teams in the ECVC space, recognizing early...more

Freiberger Haber LLP

Voidable Transfer Under the New Debtor and Creditor Law

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By: Jeffrey M. Haber In 2019, New York enacted the Uniform Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law (“DCL”) relating to fraudulent conveyances, which became...more

Seward & Kissel LLP

Lacking Merit and First Watch

Seward & Kissel LLP on

Dr. Phil Loses Trial Over His Media Startup’s Bankruptcy | The Hollywood Reporter - The case will proceed as a Chapter 7 liquidation after a U.S. bankruptcy judge rejected McGraw’s bid to keep it in Chapter 11....more

Patterson Belknap Webb & Tyler LLP

The Bourbon Industry Faces Hard Times

These are tough times for the bourbon industry. Sales are down and inventories are up. The bourbon trail has led some distillers into bankruptcy: LMD Holdings, the parent company of Luca Mariano Distillery; Stoli Group USA...more

Ervin Cohen & Jessup LLP

How Limited Is The Ultra Vires Exception To The Barton Doctrine?

Q: You have previously written about how the ultra vires exception to the Barton Doctrine is extremely narrow, highlighting a Texas case, In re Preferred Ready-Mix, LLC. When last discussed, you mentioned the bankruptcy...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Clarifies Scope of Trustee’s Due Diligence Prior to Filing Preference Action

Section 547 of the Bankruptcy Code authorizes a trustee (or another appropriate party) to avoid, or clawback, so-called “preferential” transfers. A transfer qualifies as a preference if it was made to or for the benefit of a...more

Mayer Brown

Complementary Law No. 225/2025: Special Program for Installment Payment of Tax Credits of the State of Rio De Janeiro

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On October 27, 2025, Complementary Law No. 225/2025 was published in the Official Gazette of the State of Rio de Janeiro , establishing the special installment payment program (the “Program”) for state tax credits, in line...more

Troutman Pepper Locke

How Are Shopping Center Leases Treated in Bankruptcy? - Creditor’s Rights Toolkit

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Section 365(b)(3) of the Bankruptcy Code provides special protections for landlords of shopping center leases, which often come into play when a tenant-debtor selling its assets seeks to assume and assign a lease to a...more

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