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Bankruptcy Environmental

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

Jones Day on

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

Jones Day on

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

Adams & Reese on

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

J.S. Held on

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

Jones Day on

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...

Jones Day on

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

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

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