Mid Cap

  • June 24, 2024

    Justices Send 3 US Trustee Fee Cases Back To Lower Courts

    The U.S. Supreme Court on Monday vacated three appellate court decisions ordering refunds to debtors who had overpaid U.S. Trustee's Office fees under a previous fee structure and remanded the cases for further adjudication after resolving the issue earlier this month.

  • June 24, 2024

    Justices To Review If Ch. 7 Trustee Can Recover Tax Payments

    The U.S. Supreme Court said Monday it would review a Tenth Circuit decision that found that the Chapter 7 bankruptcy trustee of a defunct Utah company could recover $145,000 in tax payments from the IRS.

  • June 21, 2024

    After Surfside Collapse, Safety Reform And A 'Condo Crisis'

    In the three years since 98 lives were lost in the partial collapse of the Champlain Towers South condominium in Surfside, Florida, several states have worked on legislation to address building safety. But their efforts to back the pledge of "never again" are stirring up concerns that they are fostering a whole new quandary for millions of condo owners.

  • June 21, 2024

    Real Estate Recap: Distressed Deals, Housing Hurdles, Infill

    Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.

  • June 21, 2024

    Conn. Steel Co. Files Ch. 11 After Contractor Dispute

    A $2.29 million judgment and the sunsetting of the $7.5 million limit for a bankruptcy provision aimed at small businesses prompted a Connecticut steel company to hit Chapter 11 this week, an attorney for the debtor said at a hearing Friday.

  • June 21, 2024

    Mountain Sports Kicks Off $55M Ch. 11 Case

    A Delaware bankruptcy judge on Friday approved a slate of first-day motions for Mountain Sports LLC, the parent company of two sports retail chains, as it prepares to wind down its business.

  • June 21, 2024

    Alex Jones Can't Appeal Bankruptcy Order On Debt To Victims

    A Texas federal judge has rejected Alex Jones' bid to appeal a bankruptcy court order that said he couldn't use his Chapter 11 case to avoid paying damages to the families of Sandy Hook victims, ruling that the legal substance of the right-wing radio host's proposed challenge had already been considered by the Fifth Circuit.

  • June 21, 2024

    Girardi Wants To Block Evidence Of Ex-Clients' Injuries At Trial

    At the upcoming fraud trial of disgraced attorney Tom Girardi, his defense attorneys want to exclude any mention of the horrific injuries suffered by the clients he allegedly stole from, while prosecutors want to introduce evidence that he allegedly spent $25 million to fund the lavish lifestyle of his celebrity ex-wife. 

  • June 21, 2024

    Meet The Attorneys In Skin Cancer Test Co. DermTech's Ch. 11

    A team of lawyers from Wilson Sonsini Goodrich & Rosati PC is guiding melanoma screening provider DermTech Inc. through its Chapter 11 case in Delaware. 

  • June 21, 2024

    Paul Hastings Bankruptcy Ace Joins Greenberg Traurig

    Greenberg Traurig LLP added a Houston-based veteran bankruptcy attorney from Paul Hastings as a new shareholder.

  • June 21, 2024

    Axiom Stays £65M Action As Directors Claim Bankruptcy

    A London judge ruled on Friday that shuttered firm Axiom Ince can stay its almost £65 million ($82 million) claim against its ex-director and several of his companies for allegedly misappropriating client funds, saying the main defendant has been declared bankrupt.

  • June 20, 2024

    Crypto Co. Hector DAO's Ch. 15 Stems From Hacks, Lawsuit

    The recent crypto downturn, hacks and ensuing investor litigation prompted the British Virgin Islands-based cryptocurrency exchange Hector DAO to file for Chapter 15 in New Jersey, as it seeks to pause the lawsuit and other threatened claims.

  • June 20, 2024

    Cancer Test Company DermTech Gets 1st Day Approvals

    Bankrupt California-based dermatologic test maker DermTech Inc. won approval on Thursday for a series of first-day Chapter 11 motions, including to continue paying providers of electricity, internet and other utilities that power its molecular laboratory.

  • June 20, 2024

    Spinal Implant Maker Can Liquidate Under Ch. 11 Plan

    A Delaware bankruptcy judge agreed Thursday to approve the Chapter 11 liquidation and wind-down plan of biotechnology developer InVivo, which reported it landed a buyer for its spinal cord implant technology following an unsuccessful bankruptcy auction.

  • June 20, 2024

    Ex-ITT Students Net $12M Win In Predatory Lending Scheme

    A California federal judge has ordered loan servicer Vervent Inc. to pay $12 million to ex-students of bankrupt for-profit college ITT Education Services Inc. for Vervent's role in an alleged predatory lending scheme for ITT's benefit, finding it was appropriate to triple a $4 million jury award.

  • June 20, 2024

    Boies Schiller Tapped To Represent Ex-Judge In Romance Suit

    A former Texas bankruptcy judge has brought on Boies Schiller Flexner LLP attorneys to defend him against a racketeering lawsuit from a barge business over his undisclosed romantic relationship with a then-Jackson Walker LLP attorney involved in the company's bankruptcy case.

  • June 20, 2024

    US Trustee Says Bittrex Still Owes Sanctioned Creditors

    The U.S. Trustee asked a Delaware judge not to close the Chapter 11 case of crypto exchange Bittrex Inc., arguing that the estate must first get government permission to settle up with creditors in countries under U.S. sanctions.

  • June 18, 2024

    Judge Skeptical Of Houston Developer's $2M DIP Bid In Ch. 11

    The insolvent developer of an almost-finished apartment building in Houston hit a hiccup Tuesday during its first-day hearing in a Texas bankruptcy court, where a judge indicated the company did not present enough evidence to support a nearly $2 million debtor-in-possession package from an affiliate of its subordinate lender.

  • June 18, 2024

    Small Biz Bankruptcies Likely To Spike Before Debt Limit Ends

    U.S. bankruptcy courts are likely to see a spike in small business filings under Subchapter V of Chapter 11 this week, in the days before the current $7.5 million debt limit to qualify falls back to about $3 million on Friday without action from Congress, according to experts.

  • June 18, 2024

    Judge Will OK Disclosures For 3 Plans In Eletson Ch. 11

    A New York bankruptcy judge said Tuesday he will approve disclosure statements detailing three competing Chapter 11 plans proposed in the bankruptcy of shipping company Eletson Holdings Inc. after some revisions, overruling overlapping objections claiming the statements didn't offer adequate information.

  • June 18, 2024

    Biotech Co. NanoString Gets OK On Ch. 11 Wind Down Plan

    NanoString Technologies Inc., a Seattle-based maker of gene analysis technology, can use proceeds from the $393 million sale of its business to repay nearly all creditors in full after a Delaware bankruptcy judge Tuesday approved its Chapter 11 plan.

  • June 18, 2024

    Aircraft Co. Icon's Ch. 11 Sale Cleared With Higher Price

    Light-sport aircraft producer Icon received a Delaware bankruptcy court's approval Tuesday for a nearly $15.8 million sale of its assets after securing an agreement to increase the price by $250,000, just hours before a hearing on the transaction.

  • June 18, 2024

    Rite Aid, SVB Affiliates Among Top 2024 Ch. 11 Sales So Far

    Branches of Rite Aid and Silicon Valley Bank, technology and biotech firms and a discount store chain were among the companies that attracted top dollar in the Chapter 11 auctions held during the first half of 2024.

  • June 18, 2024

    San Diego Diocese ReEnters Ch. 11 Over Sex Abuse Claims

    The Roman Catholic Diocese of San Diego has reentered Chapter 11 in a California bankruptcy court, saying it is facing more than $100 million in liabilities from more than 450 new sexual abuse claims filed in recent years.

  • June 18, 2024

    Kristen Bell's Baby Co. Gets OK For Ch. 11 Plan

    A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 plan for Unconditional Love Inc., the baby-product company founded by actress Kristen Bell that does business as Hello Bello, as it prepares to wind down its business.

Expert Analysis

  • Navigating Discovery Of Generative AI Information

    Author Photo

    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

    Author Photo

    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • A Look At DOJ's New Nationwide Investment Fraud Approach

    Author Photo

    Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

  • Decoding The Digital Asset Landscape In Bankruptcy

    Author Photo

    Recent cases show the explosion of cryptocurrency as an asset class has created new challenges for debtors-in-possession, bankruptcy trustees, and federal and state receivers, and fiduciaries will have to consider a number of legal and practical considerations when determining how to manage these assets in insolvency, say David Castleman at Otterbourg and Anthony Facciano at Stretto.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

    Author Photo

    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

    Author Photo

    In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.

  • Co. Directors Must Beware Dangers Of Reverse Factoring

    Author Photo

    New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

    Author Photo

    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Why 7th Circ. Libel Ruling Is Crucial For The Media

    Author Photo

    As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

    Author Photo

    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

    Author Photo

    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

    Author Photo

    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

    Author Photo

    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

Can't find the article you're looking for? Click here to search the Bankruptcy Authority Mid Cap archive.