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Blake, Cassels & Graydon LLP

Duel of the Forums – Court Declines Receivership Application in Favour of Existing Arbitration Process

In Alberta Finance & Mortgage Corporation v. Westana Asset Management Corp., the Court of King’s Bench of Alberta (Court) denied applications (Receivership Applications) by Alberta Finance & Mortgage Corporation (AFMC) for...more

Lowenstein Sandler LLP

Delaware Becomes Sixth State To Adopt the Uniform Assignment for Benefit of Creditors Act: What It Means for Distressed Businesses

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The Uniform Law Commission (ULC) approved the Uniform Assignment for Benefit of Creditors Act (Uniform ABC Act) on October 20, 2025. Christopher A. Ward, Office Managing Partner, Wilmington, and a Partner of Lowenstein...more

King & Spalding

Summary Judgment in Receivables Perfection Dispute (Evolution Credit Opportunity Master Fund II-B, LP, et al. v. First Brands...

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On May 29, 2026, the United States Bankruptcy Court for the Southern District of Texas (the “Court”) issued a summary judgment order in an adversary proceeding between plaintiff Evolution Credit Opportunity Master Fund II-B...more

Akerman LLP

Supreme Court Narrows – and Questions – Judicial Estoppel in Bankruptcy Nondisclosure Cases

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In Keathley v. Buddy Ayers Construction, Inc., the Supreme Court unanimously vacated a Fifth Circuit decision that barred a debtor’s personal-injury claim based on his failure to disclose it in a pending Chapter 13 case. The...more

Ward and Smith, P.A.

Intellectual Property in Bankruptcy: An Overview

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When a company files for bankruptcy, Section 541 of the Bankruptcy Code creates a bankruptcy “estate” comprised of virtually all its interests in property.   The estate includes the debtor’s interests in tangible assets, like...more

Jones Day

Business Restructuring Review Vol. 25 No. 3 May-June 2026

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In In re Siu-Fung Ceramics Holdings Limited, No. 24-33299, 2026 WL 382424 (Bankr. S.D. Tex. Feb. 10, 2026), the court denied petitions for chapter 15 recognition of Hong Kong bankruptcy and liquidation proceedings commenced...more

Dorsey & Whitney LLP

The Supreme Court Update - June 11, 2026

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On June 11, 2026, the Supreme Court of the United States issued three decisions: Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6: This case addresses when a debtor’s failure to disclose a legal claim in...more

Wiley Rein LLP

Release of Insured in Bankruptcy Bars Coverage for Later Judgment

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In a declaratory judgment action, the U.S. District Court for the Middle District of Georgia held that an insurer had no obligation to indemnify an insured for a post-bankruptcy state court judgment where the claimants had...more

Seward & Kissel LLP

Sneak Peak and Got My Number

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GoldenPeaks Poland files for bankruptcy in US amid Brookfield bid | Renewables Now - After Brookfield Corp announced it would be taking control of GoldenPeaks Poland Holding Ltd., the company has filed for Chapter 11...more

Davidoff Hutcher & Citron LLP

Saving Your Lease, Saving Your Restaurant

For most New York restaurants, the lease is the business. You can change the menu, rebrand, or swap out equipment—but if you lose the right space, at the wrong time, the restaurant may not survive....more

Jones Day

Texas Bankruptcy Court Adopts Barnet Rule Requiring Foreign Debtor to Have U.S. Assets to Be Eligible for Chapter 15 Relief

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As chapter 15 of the Bankruptcy Code enters its third decade of enactment, the volume of chapter 15 cases has increased significantly, and chapter 15 jurisprudence has rapidly matured. Even so, certain important issues are...more

Jones Day

Southern District of Texas Clarifies Post-Purdue Course for Consensual Third-Party Releases and Gatekeeping Provisions

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A variety of chapter 11 plan provisions limiting claims against nondebtors have long been used to promote confirmation efforts. Such provisions include terms releasing nondebtors from liability for pre-bankruptcy conduct and...more

Adams & Reese

Keep Your Recission Rights Close: The Intersection Between Bankruptcy Law and Copyright Law

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The Eleventh Circuit’s recent decision in Lil’Joe Records, Inc. v. Ross et al., Case No. 24-13978 (11th Cir. June 2, 2026), reminds bankruptcy attorneys of the importance of scheduling and dealing with all of a debtor’s...more

J.S. Held

Restructuring a Lab: What to Test For

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This article provides a practitioner-driven framework for diagnosing and restructuring financially distressed clinical laboratories operating in an increasingly hostile reimbursement and regulatory environment. Originally...more

Jones Day

Delaware Bankruptcy Court: Initial Transferee Need Not Be Defendant in Fraudulent Transfer Avoidance and Recovery Litigation

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The Bankruptcy Code gives a bankruptcy trustee the power to avoid asset transfers that are either made with the intent to defraud creditors or that are "constructively" fraudulent because an insolvent debtor did not receive...more

Jones Day

New York Bankruptcy Court Weighs In on Adequate Assurance of Future Performance under Assigned Leases and Chapter 11 Plan...

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It is generally well understood that in order to assume and assign an executory contract or unexpired lease, a bankruptcy trustee must cure most defaults under the agreement and provide "adequate assurance" of the assignee's...more

Mayer Brown

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

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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

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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?

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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

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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

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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

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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

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