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Bankruptcy Health

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Mayer Brown

"Cram Down" – Cross-Class Plan Approval in Insolvency Proceedings

Mayer Brown on

I. WHY THIS TOPIC IS IMPORTANT: Pre-insolvency restructurings often fail not because of economic logic, but because individual creditors (or groups of creditors) block a viable restructuring solution, e.g., to negotiate a...more

Paul Hastings LLP

Key Legal Trends Shaping M&A in 2026

Paul Hastings LLP on

After a period of relative slowdown, global M&A activity is showing signs of recovery. Financing markets have become more constructive, interest rates expectations have stabilised and both private equity sponsors and...more

Crunched Credit

What A Piece of Currency is Stablecoin.  How Noble and Reasonable?

Crunched Credit on

I’ll admit up front to my luddite tendencies. Technology and I are not the best of friends. I sort of understand the argument about Crypto at a very superficial level. Okay, I get the argument that Crypto is like gold;...more

Alston & Bird

Between Debt and Equity: The UK High Court Clarifies Convertible Noteholders’ Standing to Seek an Administration Order

Alston & Bird on

Our Financial Restructuring & Reorganization Group examines a recent UK High Court decision clarifying the standing requirements for creditors seeking administration orders, including holders of convertible loan notes whose...more

Warner Norcross + Judd

Sixth Circuit Expands Preference Exposure for Tax Foreclosures

On May 27, 2026, the U.S. Court of Appeals for the Sixth Circuit held in Reinhardt v. Prince that a transfer of title by tax foreclosure may be avoided as preferential under the Bankruptcy Code. Summary of the Sixth...more

Carlton Fields

Florida Appeals Court Decisions Week of June 1 - 5, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Shaikh v. Fox News - frivolous claims lacking subject matter jurisdiction - USA v. Niksich - foreign bank accounts, Eighth Amendment challenge - Lil Joe Records v. Won -...more

IMS Legal Strategies

The Hidden Half: Understanding Consumers Who Aren’t Buying

IMS Legal Strategies on

In the late 1990s and early 2000s, Blockbuster Video was the dominant competitor in the home video rental market, with a valuation at nearly $3 billion. Unfortunately, the company made a mistake in its market research: it...more

Davidoff Hutcher & Citron LLP

The Clean Exit

Here is the situation I see again and again. A business owner took out an SBA COVID EIDL loan to survive the pandemic. The loan was large enough to require a personal guarantee....more

Lowenstein Sandler LLP

ABCs in Restructuring: A New Act for an Old Tool Poised for Broad Adoption

The Uniform Assignment for Benefit of Creditors (ABC) Act seeks to modernize and standardize a debtor-initiated, state-law liquidation mechanism commonly known as a general assignment for the benefit of creditors (ABC). In an...more

Lathrop GPM

Bankruptcy Court Approves Equity Auction and Debtor’s Plan to Assume Hospitality Franchise Agreement Over Lenders’ Objections

Lathrop GPM on

A bankruptcy court approved a hotel debtor’s plan to sell new equity through an auction and to continue operating the hotel under the debtor’s Marriott International, Inc. franchise agreement over lenders’ objections. In re...more

Akerman LLP

Dallas is the New Bankruptcy Boomtown

Akerman LLP on

Why North Texas Is Now a Top Destination for Large-Scale Restructurings -Everything's bigger in Texas, including the state's bankruptcy docket. Over the past twelve months, more mega-bankruptcies were filed in Dallas and Fort...more

Cogency Global

Why Springing Member Provisions Are Often Required for Bankruptcy Remote Entities

Cogency Global on

A Delaware LLC can be used as a bankruptcy-remote entity or single-purpose entity, but the structure needs a way to continue if its sole member ceases to be a member. A springing member provision in the operating agreement is...more

Carey Olsen

Comparative table: close-out netting and set-off provisions comparison between jurisdictions

Carey Olsen on

Legal framework Section 235 of the Companies Act 1981 and Section 37 of the Bankruptcy Act 1989. Section 150 of the BVI's Insolvency Act 2003 (the "Insolvency Act") governs insolvency set-off, applicable to mutual dealings...more

Blake, Cassels & Graydon LLP

Chapter 11 and CCAA: A Cross-Border Comparison

Cross-border restructuring and insolvency proceedings can be complex and challenging for international companies. This plain-language guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors...more

Lowndes

What Landlords Need to Know When a Tenant Files Bankruptcy

Lowndes on

When a commercial tenant files for bankruptcy, landlords face immediate challenges and must navigate complex federal bankruptcy laws. Understanding the key implications can help protect your interests and maximize recovery....more

Ropes & Gray LLP

Insights from Ropes & Gray’s 2026 Credit Funds Forum

Ropes & Gray LLP on

Ropes & Gray hosted the 2026 Credit Funds Forum on May 20 in New York, bringing together over 160 credit professionals to discuss current trends and the outlook for the credit market. The forum featured panels on a variety of...more

Rivkin Radler LLP

No Matter How Bad it Gets . . . Pay Your Withholding Taxes?

Rivkin Radler LLP on

According to statistics released by the Administrative Office of the U.S. Courts for the twelve-month period ending Dec. 31, 2025, bankruptcy filings by businesses rose 7.1 percent and non-business filings increased by 11.2...more

Blake, Cassels & Graydon LLP

Chapter 11 and CCAA: A Cross-Border Comparison - May 2026

Cross-border restructuring and insolvency proceedings can be complex and challenging for international companies. This plain-language guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors...more

Hudson Cook, LLP

New York Appellate Decision Provides Clear and Well-Reasoned Resource for the RBF Industry

Hudson Cook, LLP on

I frequently write about court decisions involving revenue-based financing ("RBF" also commonly referred to as "sales-based finance" or "merchant cash advance") because these decisions are the primary basis on which we...more

Arnall Golden Gregory LLP

Restructuring Roundup - May 2026

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Hogan Lovells

How to preserve optimization of a business in bankruptcy

Hogan Lovells on

This is the fourth article in a continuing series on how to structurally optimize businesses the right way (and cautionary tales about the wrong ways), whether and when to use divisive mergers (and what not to do once you...more

Patterson Belknap Webb & Tyler LLP

Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”

A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested. A debtor’s insiders often cannot satisfy these tests....more

Stark & Stark

When Your Franchisee Files for Bankruptcy: What Every Franchisor Needs to Know Right Now

Stark & Stark on

The ARC Burger story is a franchisor’s worst-case scenario. ARC Burger LLC, once one of Hardee’s largest franchisees with 77 locations across nine states, filed for Chapter 7 liquidation on April 20, 2026, in the Northern...more

Freiberger Haber LLP

Fraud Allegations Dismissed Due To Bankruptcy Non-Disclosure

Freiberger Haber LLP on

What happens when a business owner believes he’s been misled about the value of his company, only to have his claims dismissed not on their merits, but because of a procedural misstep years earlier? A recent decision from the...more

Herbert Smith Freehills Kramer

Delaware district court affirms enforcement of nonconsensual releases under Chapter 15

The United States District Court for the District of Delaware (the District Court) recently affirmed an order of the Delaware Bankruptcy Court granting recognition and enforcement of a Mexican restructuring plan that...more

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