News & Analysis as of

Commercial Bankruptcy Bankruptcy Court

A&O Shearman

U.S. restructuring 2025 review and 2026 outlook

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U.S. bankruptcies and restructurings are expected to remain broadly steady in 2026, providing ample opportunity for restructuring and special situations investment. In the meantime, the U.S. market is assessing the...more

A&O Shearman

New law on rehabilitation and bankruptcy: bringing Vietnam’s bankruptcy regime closer to international practice

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Vietnam has overhauled its decade-old bankruptcy legislation and enacted Law on Rehabilitation and Bankruptcy No. 142/2025/QH15 (RBL 2025), which will take effect on March 1, 2026 and replace the existing Law on Bankruptcy...more

Adams & Reese

What’s In a Name? A $500,000.00 Secured Claim, According to the United States Bankruptcy Court for the Eastern District of Texas

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A recent decision by the United States Bankruptcy Court for the Eastern District of Texas (the “Court”), In re East Texas Machining & Manufacturing, LLC, Adversary No. 24-06043, Case No. 23-60629, (Bankr. E.D. Tex. Jan. 29,...more

Ervin Cohen & Jessup LLP

What Is the Proper Venue for Filing Financing Statements and Judgment Liens When the Entity Involved Was Formed Out of State?

Q: I am a receiver for a Delaware LLC who’s business is operated in California and Nevada. A creditor of the LLC has contacted me demanding   that I turnover the proceeds of receivables I have collected, contending it has a...more

K&L Gates LLP

Has the Texas Two-Step Become the Thames Two-Step?

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In the first of its kind, a US company with no prior connection to the United Kingdom, has financially restructured via a Part 26A Companies Act (UK) Restructuring Plan (the RP), in respect of which it also achieved Chapter...more

Robinson & Cole LLP

2025 Chambers Insolvency Global Practice Guide Chapters: Law and Practice – USA

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An overview of the U.S. insolvency framework, addressing core principles, creditor rights, restructurings, and cross-border issues....more

Robinson & Cole LLP

2025 Chambers Insolvency Global Practice Guide Chapters: USA – Delaware Trends and Developments

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An analysis of recent Delaware bankruptcy developments, including third-party releases and emerging trends following the Supreme Court’s Purdue decision....more

Davidoff Hutcher & Citron LLP

How Chapter 11 Can Resolve Your Personal Guarantees and EIDL Loans

If you’re a restaurant owner in New York carrying COVID-era EIDL debt and personal guarantees that feel impossible to pay, I have good news: there are real, practical pathways to resolve these obligations—often for far less...more

Davidoff Hutcher & Citron LLP

Workout, Wind-Down, or Chapter 11: Choosing the Right Restructuring Path for New York Restaurants

When your restaurant is struggling, it’s natural to ask: “Do I really need to file bankruptcy?” The honest answer is – not always, but it’s often times either the best (and only) option....more

Arnall Golden Gregory LLP

Restructuring Roundup - January 2026

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

Seward & Kissel LLP

Trimming the Fat, Lap of Luxury and Brand Awareness

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Fat Brands, burdened with heavy debt, declares bankruptcy | Restaurant Business - The owner of Fatburger, Twin Peaks, Johnny Rockets, and Nestle Toll House Café—among other brands—has declared bankruptcy after accruing...more

Morgan Lewis

Anthology and ‘In-Court’ Liability Management Transactions: What to Know

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Tactics used in liability management type transactions (LMTs) have made their way to bankruptcy cases, including non pro rata debtor-in-possession (DIP) rollups, leading to objections from non-participating lenders. Most...more

Offit Kurman

“Void” Doesn’t Mean “Whenever You Get Around to It”

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The Supreme Court has opened the new year with a decision that should convince every company that ignoring a payment demand is a mistake. In Coney Island Auto Parts Unlimited, Inc. v. Burton, the Court resolved a...more

Blank Rome LLP

Practical Guidance for Luxury Brands Navigating Retailer Insolvency

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The ongoing financial distress of luxury brand retailers has raised urgent questions for sellers of luxury brands. For independent brands and institutional luxury houses alike, each distressed situation creates unique...more

Husch Blackwell LLP

Twin Hospitality Group Chapter 11 Filing — What Landlords Should Know

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Twin Hospitality Group Inc., the parent behind Twin Peaks, Smokey Bones, Fatburger, Johnny Rockets, Fazoli’s, Round Table Pizza, and more than 150 affiliated entities, filed for Chapter 11 on January 26, 2026, in the Southern...more

DLA Piper

Beyond chapter 11: How US companies are using UK restructuring plans

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As a result of a well-developed recognition regime in the United States and the adoption of accessible restructuring laws in jurisdictions around the globe, new options for restructuring global businesses have emerged. In...more

Fox Rothschild LLP

New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11

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In Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon Music), hosts Jason Sanjana and Kevin Eckhardt interviewed the Honorable Michael B. Kaplan, U.S. Bankruptcy Judge for the District of New...more

Dickinson Wright

Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors

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While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent debtors seeking to reject and modify lease-counterparty rights, includes...more

Haynes Boone

Even ‘Void’ Transfers May Sail into the Bankruptcy Code Safe Harbors

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On the heels of our last client alert on bankruptcy safe-harbor case law developments, yet another court has reemphasized the breadth of the Bankruptcy Code’s safe harbors for transactions conducted under qualified financial...more

Krieg DeVault

Time Limit for Vacating Void Judgments?

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On January 20, 2026, the United States Supreme Court issued its unanimous 9-0 opinion written by Justice Alito with a concurrence by Justice Sotomayor in Coney Island Auto Parts Unlimited, Inc. v. Burton and addressed whether...more

Mayer Brown

The State of Play on Uptiers: District Court Reversal in Wesco Blesses Multi-Step Transactions

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On December 8, 2025, in an opinion that will have lasting impacts on the leveraged finance and restructuring markets, the United States District Court for the Southern District of Texas (Crane, J.) (the “District Court”)...more

Ropes & Gray LLP

2025 London Capital Solutions and Business Restructuring Year in Review

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Private credit has become a defining force in European capital structures, accelerating out-of-court outcomes, introducing more bespoke documentation and shifting negotiation leverage in restructurings....more

Bradley Arant Boult Cummings LLP

Insurance – Texas Style, Part 2: Stowers Liability and Bankruptcy

This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more

Lowenstein Sandler LLP

Azul Provides Some Color on Opt-Out Releases and Indenture Trustee Fees in the Southern District of New York

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Since the 2024 ruling in Harrington v. Purdue Pharma (Purdue), where the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual third-party releases, courts around the country have grappled with whether...more

Mintz - Bankruptcy & Restructuring Viewpoints

2025 Bankruptcy Roundup: Rising Filings and Evolving Dynamics

Bankruptcy activity across the United States increased noticeably in 2025, marking one of the sharpest rises in more than a decade and reflecting mounting financial pressure on businesses and individuals alike. While the...more

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