Commercial Bankruptcy, Bankruptcy Court, Class Action

Lessons From the Silicon Valley Bank Chapter 11: Preserving Indemnification and Contribution Rights

Skadden, Arps, Slate, Meagher & Flom LLP on 9/5/2025

Can a bar date extinguish indemnification and contribution rights against a debtor even if the underlying lawsuit is initiated post-bar date? According to a June 2024 decision by Judge Glenn in the Silicon Valley Bank Chapter...more

Forever 22, Powder Room, and Initial Here

Seward & Kissel LLP on 2/24/2025

Forever 21 plans nearly 200 store closures in second bankruptcy, Bloomberg News reports | Reuters - The U.S.-based operator of clothing retail chain Forever 21 is planning to shut down at least 200 additional locations as...more

Two Steps Too Far: New Limitations on the Use of the Texas Two- Step to Resolve Mass Tort Liability in Bankruptcy

Bradley Arant Boult Cummings LLP on 5/21/2024

This paper explores the mechanisms by which companies have utilized corporate restructuring through divisive mergers in conjunction with the available protections and tools of the United States Bankruptcy Code to resolve mass...more

Tenth Circuit Holds that Sovereign Immunity Does Not Limit Section 544 Claim

Patterson Belknap Webb & Tyler LLP on 7/31/2023

Section 544(b)(1) of the Bankruptcy Code enables a trustee to step into the shoes of a creditor and avoid a transfer “of an interest of the debtor in property” that an unsecured creditor could avoid under applicable state...more

Despite Discretionary Standard, Courts Still Must Show Their Work

Patterson Belknap Webb & Tyler LLP on 5/2/2023

Although in the Ninth Circuit the decision to revisit an order under FRCP 60 is “highly discretionary,” judges still must explicitly grapple with the relevant factors. That was the clear message sent by Judge Haywood Gilliam...more

Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees

Nelson Mullins Riley & Scarborough LLP on 2/3/2023

In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021),...more

Florida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former Ds & Os

Carlton Fields on 9/25/2015

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims...more

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