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Jones Day

Iowa District Court: Avoidance Claims Cannot Be Encumbered by Pre-Bankruptcy Liens

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Causes of action for avoidance and recovery of preferential, fraudulent, or unauthorized transfers often are a means of generating value for the benefit of the estate and creditors in a bankruptcy case. For this reason, many...more

Jones Day

Liability Management After ConvergeOne: Equal Treatment, Exclusive Opportunities, and the Next Phase of "Lender-on-Lender" Warfare

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For more than a decade, borrowers and their sponsors have used liability management exercises ("LMEs") to create runway, preserve liquidity, and rationalize capital structures outside of formal insolvency proceedings. In...more

Hogan Lovells

SIAC Introduces the New Restructuring and Insolvency Arbitration Protocol

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In August 2025, the Singapore International Arbitration Centre (SIAC) launched a Restructuring and Insolvency Arbitration Protocol, designed to provide a framework for arbitration of matters arising in the context of...more

Jones Day

Delaware Bankruptcy Court: No Legal Authority for Chapter 11 Plan Gatekeeping Provision

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Provisions in chapter 11 plans releasing non-debtors from liability for pre-bankruptcy conduct in exchange for funding for plan distributions, and provisions exculpating estate fiduciaries and other key parties for actions...more

Jones Day

First Impressions: Eleventh Circuit Rules that Annulment of Automatic Stay Does Not Violate U.S. Supreme Court's Prohibition of...

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After the U.S. Supreme Court in Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, 589 U.S. 57 (2020) ("RCA"), circumscribed the use of nunc pro tunc ("now for then") orders that make relief ordered by a court apply...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More

You take note when an opinion by an experienced bankruptcy judge says a party’s “failure to perform basic discovery responses and participation in litigation . . . has been breathtaking. I have seen a lot, but I have not seen...more

Ropes & Gray LLP

Distressed Debt Legal Insights - December 2025

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Welcome back to Distressed Debt Legal Insights, Ropes & Gray’s new source of timely insights for professionals navigating the complex world of liability management. In this edition, we’re looking at how Anthology resolved an...more

A&O Shearman

BGH Decides On The Exclusion For Knowing Breaches of Duty in D&O Coverage Litigation

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A knowing breach of the payment prohibition under insolvency law cannot be inferred from a breach of the obligation to file for insolvency. On November 19, 2025, the German Federal Court of Justice (Bundesgerichtshof;...more

Katten Muchin Rosenman LLP

CFTC Staff Guidance Dispels Longstanding Legal Uncertainty Around an FCM's Use of Customer Securities to Secure Foreign Futures...

In 2016, and again in 2018, Commodity Futures Trading Commission (CFTC) staff issued no-action letters permitting Futures Commission Merchants (FCMs) to deposit securities pledged by their foreign futures customers with a...more

Wiley Rein LLP

Bankruptcy Court Limits Estate’s Reach: Trustee Cannot Claim D&O Insurance Proceeds for the Estate

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The United States Bankruptcy Court for the Southern District of Texas, applying federal bankruptcy law, has held that proceeds of a management and entity liability policy were not property of the entity debtor’s bankruptcy...more

Davidoff Hutcher & Citron LLP

Subchapter V for Restaurants: A Streamlined Chapter 11 Option for New York Owners

Traditional Chapter 11 can feel out of reach for many independent and small‑group New York restaurants: it’s complex, time‑consuming, and expensive. Subchapter V, a relatively new part of Chapter 11, was designed to give...more

Davidoff Hutcher & Citron LLP

90 Days Before Filing: A Pre-Bankruptcy Planning Checklist for New York Restaurant Owners

Most restaurant bankruptcies are won or lost before the case is ever filed. The 90 days leading up to a filing are critical for New York restaurant owners: the moves you make (or don’t make) can affect everything from your...more

Seward & Kissel LLP

Bearish Sentiment, Diamond Hands, and Making an Appointment

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Nicklaus Companies files for bankruptcy after losing in court to Jack Nicklaus | Golf Digest - The Chapter 11 filing comes after the golf legend won a $50 million defamation lawsuit against his namesake former company....more

Ward and Smith, P.A.

Portrait of a Bad Faith Bankruptcy

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Bankruptcy courts tend to bend over backwards to avoid smothering a case in the crib. A recent decision from the U.S. Bankruptcy Court for the District of Delaware illustrates one such example.  In In re Bedmar, LLC, the...more

DLA Piper

Court Of Appeal Determines On Principles Governing Interim Anti-Suit Injunctions Against Foreign Winding Up in Support of...

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In the recent decision of Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) Limited [2025] HKCA 936, the Court of Appeal provided important clarification on principles governing interim...more

Carlton Fields

Florida Appeals Court Decisions Week of November 24 - 26, 2025

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U.S. Eleventh Circuit Court of Appeals - Trump v. Clinton - rule 11 sanctions, jurisdiction - USA v. Beaufils - Medicaid fraud, evidence, sentencing, perjury - In re ATIF - bankruptcy, transfer, expert opinion...more

Herbert Smith Freehills Kramer

Scheme of Arrangement Rejected by the Court: Creditors’ Schemes and the Impact on Ordinary Shareholders

In a rare example, the Federal Court recently refused to approve a creditors’ scheme of arrangement after concluding that the scheme company, Twinza Oil, had failed to discharge its onus of proving that ordinary and...more

Foley Hoag LLP - Cannabis and the Law

Intoxicating Hemp Companies Facing the Ban Should Consider Federal Bankruptcy Relief Early

The “loophole” that for years exempted intoxicating hemp from the prohibitions of the Controlled Substances Act (“CSA”) is set to close on November 13, 2026, following the federal ban enacted earlier this month. Companies...more

Stark & Stark

Rearranging the Furniture: Value City Furniture Files for Chapter 11 Bankruptcy in Delaware

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Ohio-based American Signature, Inc., parent to American Signature Furniture and Value City Furniture, filed for bankruptcy protection on November 22, 2025, in the United States Bankruptcy Court for the District of Delaware –...more

ArentFox Schiff

Suppliers Beware: Delaware Bankruptcy Court Rejects Ordinary Course Defense for Preference Payment Within Standard Credit Terms

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US bankruptcy law is designed to promote and reconcile two core policy objectives: providing relief to financially distressed debtors and ensuring the equitable treatment of creditors vis-à-vis the debtor and other creditors....more

Knobbe Martens

Purdue Pharma’s $7.4 Billion Chapter 11 Plan Formally Approved

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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

Offit Kurman

From the Bench: A Roadmap for Navigating Preference Defenses

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Port Elizabeth Terminal & Warehouse Corp., a major marine terminal and warehousing operator serving the Port of New York and New Jersey, filed for Chapter 11 on November 14, 2025, in the Bankruptcy Court for the District of...more

Neal, Gerber & Eisenberg LLP

Cybersecurity and Data Privacy Implications When a Services Partner Fails

On November 10, 2025, Sonder Holdings Inc. (“Sonder”), a company operating apartment‑style and boutique hotel accommodations, announced termination of its licensing agreement with Marriott International, Inc. due to Sonder’s...more

Orrick, Herrington & Sutcliffe LLP

Bankruptcy Court Approves Trustee’s Request to Dismiss Fintech Debtor Case

On November 12, the U.S. Bankruptcy Court for the Central District of California issued an order dismissing a Chapter 11 case involving a debtor fintech company represented by a Chapter 11 trustee. The court granted the...more

Moore & Van Allen PLLC

Changes on the Horizon for Recovery and Resolution Planning

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The banking industry is on the cusp of more changes in recovery and resolution planning, shaped by shifting regulatory priorities and perspectives on the 2023 regional bank failures. Recent actions by the FDIC and OCC have...more

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