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Creditors

Herbert Smith Freehills Kramer

SCOTUS May Weigh in on Solvent Debtor Rule

If a debtor can pay all the money it promised to pay, should it be required to do so, notwithstanding having filed for bankruptcy? Three federal courts of appeals have all said yes, but there was a dissent in each case, and...more

Benesch

Claimants at the Gate: Circuit Split Develops on Bankruptcy Court’s “Gatekeeping” Role

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A recent decision by the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), in the matter of In re AIO US, Inc., case no. 24-11836-CTG (“Avon”), created a split with the Fifth Circuit on the...more

Blank Rome LLP

Turning Over a New Leaf: How Cannabis Receiverships Can Cultivate a Stronger Future

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It is no secret that the cannabis industry has been on a wild ride lately, especially in mature markets. Many operators are feeling the pressure, and they are not alone. Let us break down the current landscape, why it is...more

Hogan Lovells

Leapfrogging the Strait of Messina: Lessons from Waldorf’s failed restructuring plan

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On 19 August 2025, the High Court refused sanction of the restructuring plan proposed by Waldorf Production UK Plc under Part 26A of the Companies Act 2006. On 9 September 2025, Waldorf was granted a certificate to...more

Haynes Boone

The Importance of Fairness: Legal Lessons from Petrofac for Shipping and Energy Company Restructurings

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The English Court of Appeal (COA) in Re Petrofac Limited & Petrofac International (UAE) LLC [2025] EWCA Civ 821 ruled on one of the most significant restructuring rulings since Virgin Active and Thames Water.  Petrofac, an...more

Barnea Jaffa Lande & Co.

Expanded Company Extract Now Available at No Additional Cost

The Israeli Corporations Authority in the Ministry of Justice recently announced a significant expansion of its company extract service. This development marks an important change in the corporate landscape, substantially...more

Seward & Kissel LLP

Round Trip Ticket and Doctor’s Orders

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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

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Holds That SAFE Investors May Have Creditor Claims in Chapter 11

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Greenberg Glusker LLP

Chapter 11—A Basic Primer

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No one sets out in business to fail, but despite our best efforts, this sometimes occurs. The reasons are multiple and varied: Sometimes there is a change in the industry and the business has not been able to evolve to meet...more

Arnall Golden Gregory LLP

Restructuring Roundup - August 2025

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

Mayer Brown

Early Lease Terminations: Understanding and Managing Avoidance Risks

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When faced with a financially distressed tenant, an early lease termination agreement can be an effective means for a landlord to resolve the uncertainty created by its tenant’s financial distress and to mitigate potential...more

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Patterson Belknap Webb & Tyler LLP

New Jersey Bankruptcy Court Rules That Debtor Could Not Sell its Future Accounts Receivable Prepetition

A bankruptcy court in New Jersey recently granted a debtor’s motion to dismiss the counterclaims of two creditors who purchased a percentage of the debtor’s future receivables prepetition. The court rejected the creditors’...more

Kilpatrick

The New Illinois Receivership Act

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Effective January 1, 2026, the new Illinois Receivership Act will come effective to provide litigators in Illinois with expanded tools for creditors and distressed businesses to protect and manage assets during a business...more

Charles E. Rounds, Jr. - Suffolk University...

Settlors of trust terms of which were affected by a mistake of law unsuccessfully brought a Uniform Trust Code §412 petition to...

This posting is about In Matter of Peterson Family Irrevocable Trust, 333 A.3d 453 (Penn. Super. 2025) and the general unawareness that apparently prevailed in the litigation of a relevant and critical provision of...more

McGlinchey Stafford

Podcast: Deep Dive into Unsecured Lending [More with McGlinchey, Ep. 79]

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The next episode in McGlinchey’s Deep Dive into Lending series takes a close look at unsecured lending with insights from Aaron Kouhoupt and Adam Maarec. They discuss innovations in loan applications, underwriting, and...more

Bricker Graydon LLP

Lenders Rejoice - Ohio Supreme Court Saves The Day On Guaranties

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In 2024, we alerted you to a decision out of the First Appellate District of Ohio (The Huntington National Bank v. Schneider, C-230072 (December 29, 2023)), where the Court was asked to review a grant of summary judgment in...more

Conyers

Cayman Islands Restructuring: Observations Following Petrofac

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This article follows our previous commentary on the English High Court’s decision in May 2023 to sanction the Adler Group’s restructuring plan and the Court of Appeal’s reversal of that decision in February 2024. The recent...more

Seward & Kissel LLP

The Customer is Always Right and My Dear Watson

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Ripple’s tied Linqto makes a settlement offer in today’s bankruptcy hearing | Cryptopolitan - The bankrupt company announced on Tuesday that a proposed $60 million debtor-in-possession loan—for which customer-owned shares...more

Womble Bond Dickinson

What Lenders to Gaming Companies Should Know About Nevada Gaming Law

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Nevada, perhaps more than any other state, understands the importance of readily available credit to its licensed casinos and gaming manufacturers. The Nevada Gaming Control Act, which forms the basis for all gaming...more

Troutman Pepper Locke

What Happens to My Unpaid Wages if My Employer Files for Bankruptcy? - Creditor’s Rights Toolkit

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When a company files for bankruptcy, it can be an unsettling time for the company's employees who may worry about job and financial security, including unpaid wages and employee benefits. While these concerns are legitimate,...more

Offit Kurman

Fifth Circuit Confirms Third-Party Liens Survive Chapter 11 Discharge

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The Fifth Circuit has confirmed the old adage that liens “ride through” bankruptcy regardless of a discharge. Reversing a Texas bankruptcy court, the Circuit Court has held that a statutory privilege (a lien) against property...more

Felicello Law PC

What Adversary Proceedings Mean for Global Stakeholders

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In United States corporate bankruptcies, much of the action happens outside the spotlight of the main reorganization plan in a parallel but crucial track: the adversary proceeding. These separate litigation proceedings can...more

Walkers

Your comprehensive guide to appointing an executor

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What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more

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