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Creditors Insolvency

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

Mayer Brown

BGH zur Wirecard-Insolvenz: Aktionärsansprüche sind keine einfachen Insolvenzforderungen

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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

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

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

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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

White and Williams LLP

Rite Aid Files a Thousand Preference Actions

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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

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

Falcon Rappaport & Berkman LLP

Commercial Bankruptcy Filings Surge in July 2025

Newly released data shows a significant rise in bankruptcy filings across the U.S., with commercial businesses seeing some of the steepest increases....more

Baker Donelson

Unitranche Debt Structures: Practical Insights for Borrowers and Lenders

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Unitranche financing structures, also known as first out/last out or "FOLO," are not new to the lending market but have become increasingly common in recent years, particularly in private equity sponsor-backed middle-market...more

Hogan Lovells

Turbo Group – A practical application of recent restructuring plan developments

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The English High Court last week published its judgment ([2025] EWHC 2678 (Ch)) in respect of its sanction on 9 July 2025 of the inter-conditional restructuring plans proposed by thirteen Turbo Group companies under Part 26A...more

Jenner & Block

Third-Party Releases Through Chapter 15—Loophole or Comity?

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Recent filings suggest that companies are leveraging recognition proceedings under Chapter 15 of the U.S. Bankruptcy Code to obtain relief they couldn’t achieve under foreign or U.S. bankruptcy law alone. Noteworthy decisions...more

Shumaker, Loop & Kendrick, LLP

US Column: A Tutorial For Vendors Dealing With Insolvent Customers

On 5 May 2025, Rite Aid filed its second Chapter 11 proceeding less than 2 years after its first. Rite Aid is the 3rd largest pharmacy or “drug store” chain in the US, with over 2000 stores before its Chapter 11 filing. It’s...more

Hogan Lovells

UK: Q: When is a secured creditor no longer a creditor? A: when it’s been repaid - sometimes

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In 2024, two judgments found that consent from repaid secured creditors is not required to extend an administration. Although seemingly a common sense approach, language used in the Insolvency Act 1986 (the “Act”) and the...more

Kilpatrick

Creditor Enforcement Under the Illinois Receivership Act

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The Illinois Receivership Act (“Act”) takes effect on January 1, 2026. This new law provides a robust legal framework for the appointment, powers, and administration of commercial receiverships in Illinois. Notably, the Act...more

Seward & Kissel LLP

The Sum of Its (Car) Parts and Whiskey Rebellion

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First Brands CEO James resigns amid bankruptcy process; turnaround expert in charge | Reuters - Newly instated Chief Restructuring Officer Charles Moore has been positioned at the company since September....more

Bennett Jones LLP

Trend Watch: Determining COMI in US Chapter 15 Proceedings

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A US Bankruptcy Court's recent decision provides important insights for Canadian debtor companies that are involved in cross-border restructurings and are seeking recognition of Canadian insolvency proceedings in the United...more

Hogan Lovells

The Delaware Two-Step doesn’t work either

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The takeaway is that parties seeking to attempt a Delaware Two-Step—relying on a divisive merger statute that is even less company-friendly than Texas’s, and even with arguably more favorable facts—will fare no better than...more

Nelson Mullins Riley & Scarborough LLP

Small Wonder: AI and Common Bankruptcy Questions

As a kid growing up in the 1980s, I was exposed to legendary, cutting-edge artificial intelligence, such as KITT from Knight Rider, C-3PO and R2-D2 from Star Wars, Vicki from Small Wonder, and, of course, the unforgettable...more

Blake, Cassels & Graydon LLP

Lorsque la pyramide s’écroule : Recouvrement des fonds à la suite d’une combine à la Ponzi

Lorsqu’une combine à la Ponzi s’effondre, de quelle manière un syndic de faillite doté de ressources limitées devant répondre à des centaines d’investisseurs innocents, dont certains en ressortent bénéficiaires et d’autres...more

Ward and Smith, P.A.

Depositor's Remorse: How a Million-Dollar Deposit Became Bankruptcy Estate Property

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In Chapter 7, more money in the estate means more money for creditors. In a decision this year by the Fourth Circuit Court of Appeals, In re Star Development Group, LLC, a debtor tangled with a Chapter 7 Trustee over a $1...more

Hogan Lovells

Plan and Simple? New UK Practice Statement tightens process and requirements for schemes and restructuring plans

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On 18 September 2025, the Chancellor of the High Court, Sir Julian Flaux, issued a revised Practice Statement (the “Revised Practice Statement”) in respect of Schemes of Arrangement and Restructuring Plans under Parts 26 and...more

White & Case LLP

Towards “Orderly and Efficient Resolution”: The New Practice Statement in Respect of Schemes of Arrangement and Restructuring...

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On 18 September 2025, the Chancellor of the High Court, the Rt. Hon. Sir Julian Flaux announced the long-awaited publication of the updated Practice Statement in relation to schemes of arrangement and restructuring plans (the...more

J.S. Held

The Case for Out-of-Court Winddowns

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When a business faces insolvency, the path forward is rarely straightforward. Should the company file Chapter 11 in hopes of reorganizing? Should it liquidate under Chapter 7? Would an assignment for the benefit of creditors...more

McDermott Will & Schulte

When insureds and intermediaries file for bankruptcy: What insurers should know

Recent economic news reports have highlighted increasing inflation rates, rising unemployment numbers, and growing consumer credit delinquencies. Other factors, including medical and student loan debt, may add to the...more

Proskauer Rose LLP

District Court Rejects Exclusive Backstop in Chapter 11 Plan

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A Texas district court ruling late last week could reshape the landscape of Chapter 11 restructurings by striking down exclusive backstop agreements as violating the Bankruptcy Code’s equal-treatment rule....more

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