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Bankruptcy Court

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

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

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

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

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

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

J.S. Held

Toying with Fraud and Playing with Consequences

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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

Haynes Boone

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

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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

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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

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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

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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

King & Spalding

Bankruptcy Court Holds That Creditor Did Not Act as Mere Conduit for Preferential Transfers

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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

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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

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