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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Mintz

Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy

Mintz on

The number of corporate bankruptcy filings has increased significantly over the past several years. In 2024, there were 688 chapter 11 filings by private companies with either assets or liabilities greater than $2 million or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Liability/Corporate Structure: Federal Bankruptcy Court Addresses Derivative Standing to Pierce Corporate Veil

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States Bankruptcy Court for the Eastern District of Louisiana ("Court") recently addressed issues arising under Louisiana environmental protection laws and federal bankruptcy law involving an unpermitted landfill...more

Jones Day

Avianca: Second Court Adopts "Billing Date" Approach to Timely Performance of Unexpired Commercial Personal Property Leases in...

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In 1984 and 1994, Congress amended the Bankruptcy Code to add protections for commercial real property and equipment lessors. Those provisions—sections 365(d)(3) and section 365(d)(5), respectively—generally require a...more

Jones Day

New York Bankruptcy Court Examines COMI for Purposes of Chapter 15 Recognition of Foreign Restructuring Proceedings Involving...

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As chapter 15 of the Bankruptcy Code quickly approaches its 20th anniversary in a global economy, the volume of cross-border bankruptcy cases has rapidly escalated. With multinational companies having affiliates throughout...more

Conyers

The Effect of Irregularities on the Validity of a Creditors’ Meeting

Conyers on

The courts are generally reluctant to interfere with the outcomes of creditors’ meetings at which resolutions are voted on and passed. After all, such resolutions are decided and voted on by the creditors, thereby...more

Seward & Kissel LLP

Pause for Concern, Paying the Freight, and Comic Timing

Seward & Kissel LLP on

Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues | Law360 - Imerys Talc America and Cyprus Mines announced unexpectedly Monday that they wanted to halt plan confirmation proceedings....more

Troutman Pepper Locke

State AGs and the FTC Warn of 23andMe Risks Following Bankruptcy Announcement

Troutman Pepper Locke on

Several state attorneys general (AGs) and the Federal Trade Commission (FTC) have begun scrutinizing ancestry tracking company 23andMe following its recent announcement that it has filed for Chapter 11 bankruptcy. As part of...more

Fox Rothschild LLP

Trump Administration’s Proposed Health Care Cuts Pose Risks to Distressed Providers

Fox Rothschild LLP on

Last week, the Trump administration and Congress proposed spending cuts that if enacted are likely to affect federally funded health insurance programs such as Medicaid and the Affordable Care Act (ACA). These cuts could...more

Beacon Insights by JD Supra

The Year in Bankruptcy – 2024 Popular Reads on JD Supra

Beacon Insights by JD Supra on

A year-end recap of some of the most widely read bankruptcy-related updates, analysis, and guidance published on JD Supra throughout 2024....more

Husch Blackwell LLP

Cannabis Receiverships Are (and Will Be) On the Rise

Husch Blackwell LLP on

Based on a recent article in the Green Market Report (and corresponding public filings), “$1.83 billion of . . . debt is set to come due by 2026” for a number of publicly traded multi-state cannabis operators (“MSO”s). While...more

Hinshaw & Culbertson - Insights for Insurers

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

Hinshaw & Culbertson - Insights for Insurers on

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Brazil

International Lawyers Network on

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER BRAZILIAN LAW - 1. A brief presentation of the bankruptcy/ insolvency/ rehabilitation proceedings of the country and their main differences. The...more

Bradley Arant Boult Cummings LLP

New FDIC Recordkeeping Requirements: Director Chopra Cautions Against a New Form of “Rent-a-Bank”

Bradley Arant Boult Cummings LLP on

On September 17, 2024, the Federal Deposit Insurance Corporation (FDIC) rulemaking board proposed new recordkeeping rules intended to bolster the FDIC’s ability to make deposit insurance determinations for accounts that are...more

Perkins Coie

FDIC’s Proposed Changes to Custodial Deposit Accounts: Practical Implications for Fintechs and Their Banks

Perkins Coie on

The Federal Deposit Insurance Corporation (FDIC) issued a Notice of Proposed Rulemaking (the Proposal) on September 17, 2024, that seeks to strengthen recordkeeping for bank deposits held by nonbank companies on behalf of...more

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

Freiberger Haber LLP on

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Stark & Stark

Not a BIG Surprise, BIG LOTS Files for Chapter 11 Bankruptcy

Stark & Stark on

​​​​​​​Big Lots, the Ohio-based retail chain that sells furniture, home décor, and other items at almost 1,400 stores nationwide, filed for Chapter 11 bankruptcy protection on Monday in the District of Delaware, docket...more

Husch Blackwell LLP

Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

Husch Blackwell LLP on

Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more

Stark & Stark

Don’t Close Your Eyes: Blink Fitness May Disappear in a Chapter 11 Bankruptcy Filing

Stark & Stark on

​​​​​​​Affordable gym operator Blink Holdings aka Blink Fitness, an Equinox-owned chain with more than 100 locations, filed for Chapter 11 bankruptcy protection on Monday in the District of Delaware, docket 24-11686 (JKS)....more

McGlinchey Stafford

Impacts of Cannabis Rescheduling on Bankruptcy

McGlinchey Stafford on

Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced, sold, and used within the tightly regulated parameters of the...more

Jones Day

Circuit Split: Eleventh Circuit and Second Circuit Disagree on Eligibility Requirements for Chapter 15 Debtors

Jones Day on

Courts disagree over whether a foreign bankruptcy case can be recognized under chapter 15 of the Bankruptcy Code if the foreign debtor does not reside or have assets or a place of business in the United States. In 2013, the...more

Epiq

The Importance of Data Security in Bankruptcy Claims

Epiq on

Data security is a major concern across virtually all areas of the legal profession particularly in 2024 thanks in part to a record-breaking number of cyber incidents last year that cost companies an average of $4.45 million...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Rejects Attempts to Lock Up Creditor Votes in Favor of Reorganization Plan

Pillsbury Winthrop Shaw Pittman LLP on

Recent decisions reflect a renewed focus on lock-up provisions by bankruptcy courts. The U.S. Bankruptcy Court for the Southern District of New York recently severed a provision from a post-petition agreement that required...more

Troutman Pepper Locke

5 Issues to Consider When Liquidating Through an ABC

Troutman Pepper Locke on

Assignments for the benefit of creditors, or ABCs, continue to grow in popularity as a tool for the orderly wind-down of companies. Originally published in Law360 - March 21, 2024....more

ArentFox Schiff

Understanding Suppliers’ Rights and Remedies in Retail and Hospitality Bankruptcies

ArentFox Schiff on

On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the...more

Levenfeld Pearlstein, LLC

Congress Considers Another Extension to the Subchapter V $7.5 Million Debt Limit

Levenfeld Pearlstein, LLC on

On February 19, 2020, Congress enacted the Small Business Reorganization Act (“SBRA”) to, among other things, streamline the chapter 11 bankruptcy process for a small business by creating subchapter V of the Bankruptcy Code....more

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