In In re Rhodium Encore LLC, the U.S. Bankruptcy Court for the Southern District of Texas ruled that holders of SAFEs should be treated as creditors because they possess creditor claims, not merely equity interests. The...more
9/5/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Capital Raising ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Interpretation ,
Contract Terms ,
Creditors ,
Cryptoassets ,
Cryptocurrency ,
Debt Restructuring ,
Debtors ,
Insolvency ,
Investment ,
Proof of Claims ,
SAFE
Administrative deadlines in mass tort settlements are enforceable and binding—courts will uphold them even when millions of dollars are at stake and international claimants are involved.
Electronic notification through...more
The California decision reinforces a strict approach to assumption of franchise agreements, underscoring potential roadblocks for franchisee reorganizations.
Even where a debtor is not assigning a franchise agreement,...more
12/11/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
California ,
Commercial Bankruptcy ,
Consent ,
Corporate Counsel ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
Intellectual Property Protection ,
Lanham Act ,
Reorganizations ,
Trademarks
New York bankruptcy court breaks with precedent and endorses time approach for calculating lease termination damages over rent amount approach, resulting in smaller claims for landlords.
Time approach limits, and often...more
Prospective buyers should prepare to take advantage of opportunities to acquire distressed businesses, as we are likely to see an uptick in distressed M&A soon.
Prospective buyers seeking first-mover advantages should act...more
10/21/2022
/ Acquisitions ,
Anti-Assignment Clauses ,
Bankruptcy Code ,
Bankruptcy Court ,
Corporate Bonds ,
Debt Restructuring ,
Distressed Debt ,
Due Diligence ,
Foreclosure ,
Fraudulent Transfers ,
Hart-Scott-Rodino Act ,
Healthcare ,
Liquidity ,
Mergers ,
Retailers ,
Software ,
Stock Markets ,
Telecommunications
The Ninth Circuit became the first circuit-level court to address the correct rate of interest for unimpaired, unsecured creditors of a solvent chapter 11 debtor.
The Ninth Circuit held that the common law “solvent debtor...more
An Eleventh Circuit Court of Appeals’ decision permits a creditor both to be paid in full under Bankruptcy Code section 503(b)(9) for goods delivered within 20 days before commencement of a bankruptcy case, and to use the...more
A decision by the Third Circuit Court of Appeals serves as a stark reminder that the sale (assignment) of a contract in bankruptcy does not always require full payment of the non-debtor counterparty’s claim.
Debtors must...more
Recent Delaware cases have clarified that minority stockholders merely rolling over shares alongside an independent and unrelated controlling stockholder do not form a control group in most cases—the controlling stockholder...more