The “Catch-22” of Preference Law
Kasey Ingram and Rocco Debitetto on Bankruptcy and Compliance
Ingram and Debitetto on Bankruptcy and Compliance Programs
M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets
Meritas Capability Webinar - Restructuring Insolvent Airlines in the Americas: A Look at LATAM and Developments with AeroMexico and Avianca
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
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
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
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
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
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
Federal District Judge Randy Crane recently issued a written decision in Wesco Aircraft Holdings, Inc. v. SSD Invs. Ltd., validating Wesco’s 2022 uptier exchange transactions and reversing a ruling by Bankruptcy Judge Marvin...more
On November 17, 2025, the U.S. Supreme Court declined to hear a challenge to the Second Circuit’s decision affirming that Avianca Holdings S.A. (“Avianca”) was required to pay in full certain fixed-schedule obligations...more
Judge delays sale of Genesis to insider, ‘concerned’ about creditors’ claims, bidder controversy | McKnights - The company had been seeking approval for a “stalking horse” bid submitted by an affiliate of Genesis’ private...more
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
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
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
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
Subprime lender PrimaLend Capital Partners files for bankruptcy protection | Reuters - Reports from Bloomberg News had revealed that the company’s creditors were going unpaid for months....more
Discussions about the possibility of cannabis rescheduling have continued on and off for years, with recent reporting suggesting that the administration is again “considering” the move. While rescheduling could have material...more
When a commercial tenant files for bankruptcy, it can present a complex array of challenges for a landlord. This article will provide insight into the implications of a tenant’s bankruptcy for a landlord, and how the landlord...more
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
First Brands files for bankruptcy, revealing billions of dollars in liabilities | Reuters - First Brands bankruptcy probe investigating financing irregularities related to invoices | Reuters - First Brands obtains...more
For a lessee of commercial real property, a landlord’s Chapter 11 filing may raise questions about the status of the lease and the tenant’s rights in the bankruptcy. While the Bankruptcy Code provides the debtor landlord with...more
A Defiant Dr. Phil Takes the Stand in His Media Startup’s Bankruptcy | Hollywood Reporter - McGraw denied claims that he drove Merit Street Media to bankruptcy as a means by which to launch Envoy Media....more
In this legal alert, we highlight an often overlooked strategy for maximizing sale proceeds of a distressed business: a Chapter 11 bankruptcy sale pursuant to section 363 of the Bankruptcy Code. On August 4, 2025, Avant...more
U.S. Bankruptcy and appellate courts have long wrangled over whether the provisions of the Bankruptcy Code apply extraterritorially to permit, for example, enforcement of the automatic stay to creditor collection efforts...more
The U.S. Supreme Court ruled in Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017), that the Bankruptcy Code prohibits final distributions to creditors that deviate from the Bankruptcy Code's priority scheme as part of a...more
Spirit Airlines files for bankruptcy for 2nd time in less than a year | NPR After emerging from a Chapter 11 reorganization in March, the airline has once again filed for bankruptcy protection. S&K Take: The big news in the...more