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J.S. Held

Toying with Fraud and Playing with Consequences

J.S. Held on

In July 2023, one of the year’s most anticipated movies, the Barbie movie, premiered in theaters, achieving more than USD1 billion in global ticket sales. One potentially overlooked detail in the movie was the character Ruth,...more

Parker Poe Adams & Bernstein LLP

SEC and FBI Probes Highlight Federal Approach to Investor Fraud Cases

On November 4, 2025, Jay Clayton, the U.S. Attorney for the Southern District of New York, unsealed the indictment of Bradley Heppner, founder of Beneficient Company Group LP, a financial services startup, who has been...more

Hogan Lovells

Directors' Duties in Insolvency: Hong Kong Court Warns of Personal Liability for Frivolous Challenges to Winding-Up Orders

Hogan Lovells on

Hong Kong Court of Appeal orders sole director to be personally liable for causing insolvent company to pursue a hopeless winding up appeal. On 17 November 2025, the Hong Kong Court of Appeal delivered its reasons for...more

Haynes Boone

Two Recent Decisions Reinforce – and Refine – the Protective Scope of the Bankruptcy Code’s Safe Harbors

Haynes Boone on

Two courts – the U.S. Court of Appeals for the Second Circuit in In re Fairfield Sentry Ltd. (Aug. 5, 2025)1 and the U.S. Bankruptcy Court for the District of Delaware in Opioid Master Disbursement Trust II v. Covidien...more

Ropes & Gray LLP

Distressed Debt Legal Insights

Ropes & Gray LLP on

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

Carlton Fields

Florida Appeals Court Decisions Week of November 10 - 14, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Bryan - criminal trial, interference with rights, kidnapping, evidence- Koletas v. USA - FTCA, sovereign immunity waiver, Transportation Security Officers - Watson v....more

Seward & Kissel LLP

Bonvoy-age Sonder and Purdue Conphirmation

Seward & Kissel LLP on

Airbnb rival Sonder Holdings to file for bankruptcy after Marriott ends partnership | Business Insider - Guests were ejected from ongoing bookings as Marriott made the announcement on Sunday....more

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

Mayer Brown on

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

King & Spalding on

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

Walkers on

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

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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

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