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Ropes & Gray LLP

Distressed Debt Legal Insights - STG Logistics' LMT Litigation

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Welcome to Distressed Debt Legal Insights, Ropes & Gray’s source of timely insights for professionals navigating the complex world of liability management and special situations finance. In this issue we discuss the first...more

Stark & Stark

Retailers to Watch for a Possible Bankruptcy in 2026

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With a quarter of this century behind us, we enter 2026 with hope and optimism for the new year. However, there are a variety of issues many retailers are grappling with, including a high debt load, how to use AI, shrink,...more

Cadwalader, Wickersham & Taft LLP

Cooperation Agreements Under Fire: Two New Lawsuits Allege Creditor Coordination Violates Antitrust Laws & Breach Contractual...

Case Law on Joint Negotiation by Creditors and General Antitrust Principles Provide Guidance for the Development of Cooperation Agreements...more

DLA Piper

2025: A Year In Retrospect - UK Restructuring

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A year ago we were poised for turbulence, cautious of the effect the new US administration, ongoing transformation of post-pandemic consumer behaviours, and conflicts in Europe and the Middle East might have on global...more

ArentFox Schiff

Determining ‘Termination’: Calculating Lease Rejection Damages in Bankruptcy

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Bankruptcy law provides special treatment for landlord claims arising from termination of a lease, using a calculation set forth in Section 502(b)(6) of the Bankruptcy Code. The starting point for the calculation is to...more

Barnea Jaffa Lande & Co.

Performance Guarantees in Israeli NOP 38 Projects: Not Every Bank Guarantee Covers Developer Insolvency

Apartment owners in NOP 38 projects tend to mistakenly believe the guarantees issued to them by developers provide full safety nets, guaranteeing their rights in any case, even if the developer encounters financial...more

Benesch

The Cloud Over Third-Party Releases in the Southern District of New York

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Third-party releases are a common and important component of plans of reorganizations. Key bankruptcy case constituencies have historically relied upon third-party releases as a way to mitigate the risk of post-bankruptcy...more

ArentFox Schiff

Considerations for Municipal Bondholders in Pursuing a Receivership

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A receivership is a court-supervised tool to stabilize operations of a distressed borrower, ring-fence pledged revenues, and drive recoveries for municipal bondholders when bankruptcy is not available or not desirable....more

Rivkin Radler LLP

When a Buyer’s “Tax Cost” for an Acquisition Exceeds Expectations

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Tax Savings and Deal Economics - It is a basic tax principle that the more (or the sooner) a seller pays in taxes on the sale of its business, the less will be the economic benefit the seller realizes from the sale....more

Morris James LLP

Court of Chancery Partially Grants Motion to Dismiss Caremark Claims Brought Directly

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Giuliano v. Grenfell-Gardner, C.A. No. 2021-0452-KSJM (Del. Ch. Sept. 2, 2025) - This case dealt with Caremark claims alleging that former directors and officers of a pharmaceutical company failed to oversee regulatory...more

Cadwalader, Wickersham & Taft LLP

Not All Things Are Sacred: District Court Finds Wecso Aircraft Uptier Transaction is Lawful

On December 8, 2025, Judge Randy Crane of the U.S. District Court for the Southern District of Texas reversed the bankruptcy court’s decision in Wesco Aircraft, and held that a pre-bankruptcy uptier transaction did not...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More (UPDATED)

A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and...more

Morrison & Foerster LLP

2025 Year in Review: Key Trends in Cross-border Restructuring and What’s Next in 2026

When Texas-based McDermott International obtained chapter 15 recognition (in the Southern District of Texas, no less) of UK and Dutch plans to restructure both its funded debt as well as trade and litigation claims—in what...more

Knobbe Martens

Life Science Update | December 2025

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A federal bankruptcy court on November 18 formally approved Purdue’s $7.4 billion Chapter 11 plan to settle thousands of opioid-related lawsuits. The plan requires (1) a $6.5 billion contribution from the Sackler family...more

Bennett Jones LLP

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

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When a professional corporation operates with equipment owned personally by its director, how do secured creditors assert priority over proceeds from a receivership sale? A recent Alberta Court of Appeal decision in Royal...more

BCLP

Standout UK Insolvency Cases of 2025 and Their Impact for Insolvency Practitioners in 2026

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Every year, the courts make a vast number of insolvency case law decisions. Many refine established legal principles; some are highly fact-specific (and distinguishable on that basis), whilst others reshape practice and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the High-Stakes Terrain of Commercial Bankruptcy Litigation: Common Pitfalls and How to Avoid Them

There are two (2) main procedural avenues for the resolution of disputes in a bankruptcy case: contested matters and adversary proceedings. Contested matters are typically resolved through motions practice in the main...more

Cadwalader, Wickersham & Taft LLP

Money For Nothing: Indictment Details Tricolor Executives’ Alleged Fraudulent Scheme in Black and White

On December 17, 2025, the United States Attorney’s Office for the Southern District of New York announced the unsealing of an indictment charging the former CEO and former COO of Tricolor Holdings LLC and its affiliates...more

BCLP

Freezing Orders to Enforce Adjudication Decisions

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Insolvency is one of the risks to consider when looking to enforce an adjudicator’s decision, but sometimes there is also a concern that a party might take steps to dissipate its assets to avoid payment. ...more

Troutman Pepper Locke

Selling a Distressed Asset — PE Pathways Podcast

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This is the second episode in our series on private equity and distressed assets with attorneys from our Bankruptcy + Restructuring and Private Equity practice groups. In this episode, Private Equity Partner Thao Le is...more

Offit Kurman

2025 WRAPPED

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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

Seward & Kissel LLP

The What’s News Top Ten of 2025

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In 2025, we offered our takes on the most newsworthy stories in bankruptcy law. Here are the ten posts that got the most attention from our readers. ...more

ArentFox Schiff

Saks Bankruptcy Watch: Holiday Retail Surge, Luxury Vendor Risks, and a 2026 Survival Guide

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The 2025 holiday retail shopping season is nearly a wrap. Consumers will be on the hunt for year-end discounts, and gift card purchases likely will surge over the coming days....more

Arnall Golden Gregory LLP

Restructuring Roundup - December 2025

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

Patterson Belknap Webb & Tyler LLP

Debts Related to Ponzi Scheme Deemed Non-Dischargeable

Here at the Bankruptcy Update, we frequently write on the intersection of insolvency and fraud, including collapsed Ponzi schemes. Another Ponzi-scheme related opinion recently issued from the United States Bankruptcy Court...more

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