Mid Cap

  • July 02, 2024

    Toys R Us Failure Started Toymaker Basic Fun On Ch. 11 Road

    Basic Fun, a company that picked up such iconic toy brands as Lincoln Logs, Tinker Toys and Uncle Milton Ant Farm in distress sales, was itself started on the road to its Chapter 11 filing by the bankruptcy of toy retail giant Toys R Us, according to court filings.

  • July 02, 2024

    Ex-Bankruptcy Judge Will Be Deposed Over Atty Romance

    The former Texas bankruptcy judge whose secret relationship with a Jackson Walker LLP attorney ignited a major judicial ethics scandal has agreed to sit for a seven-hour deposition to answer questions about the episode.

  • July 02, 2024

    Toymaker Basic Fun Says It's Close To Deal With Lenders

    Counsel for toymaker Basic Fun told a Delaware bankruptcy judge on Tuesday the company is close to an agreement with secured creditors on a plan to restructure $65.7 million in funded debt and emerge from Chapter 11.

  • July 02, 2024

    Giuliani Disbarred In New York Over Election Falsehoods

    A New York appellate court Tuesday barred Rudolph Giuliani from practicing law in New York, citing ample evidence that the former New York City mayor made repeated false statements about the 2020 presidential election.

  • July 01, 2024

    Giuliani Wants Bankruptcy Converted To Allow For Liquidation

    Rudy Giuliani on Monday asked a New York federal bankruptcy judge to convert his voluntary Chapter 11 bankruptcy to a Chapter 7 proceeding, which would allow him to liquidate his assets to pay his debts.

  • July 01, 2024

    NJ Hospital Dodges $14.7M In Damages Over Audits

    An accounting firm for the former operator of Hoboken University Medical Center has dodged more than $14.7 million in malpractice liability damages even though a New Jersey federal jury found it had violated professional accounting standards in audits of the financially struggling hospital.

  • July 01, 2024

    How We Got To Purdue: From Johns Manville To The Sacklers

    The U.S. Supreme Court upended years of bankruptcy practice last week when it definitively barred nonconsensual releases of nondebtors in the Chapter 11 case of Purdue Pharma, saying no authority exists to extinguish claims that creditors of a bankrupt entity may have against related entities that themselves did not file for bankruptcy.

  • July 01, 2024

    Takeoff Ch. 11 Loan Delayed As Creditors Seek Liquidation

    A Delaware bankruptcy judge indicated Monday that he wouldn't give final approval to the debtor-in-possession loan in Takeoff Technologies' Chapter 11 bankruptcy in its current form, giving the grocery automation business more time to negotiate a solution and avoid conversion of its case to a Chapter 7 liquidation.

  • July 01, 2024

    Purdue Ruling Fallout, Rite Aid Confirms Ch. 11 Plan

     A long-awaited decision by the U.S. Supreme Court struck down nonconsensual third-party releases in the bankruptcy of Purdue Pharma LP, sending the bankruptcy bar toward a rethinking of the entire process of resolving mass torts through bankruptcy; pharmacy chain Rite Aid confirmed its Chapter 11 plan; and FTX Trading got court approval for its disclosure statement.

  • July 01, 2024

    Optio Rx Scores Final Green Light On $10M DIP Deal

    A Delaware bankruptcy judge on Monday gave Illinois-based specialty pharmacy chain Optio Rx final approval for a $10 million debtor-in-possession financing package to fund its Chapter 11 case after hearing issues regarding it had been resolved.

  • July 01, 2024

    Justices Told Clarity Needed On Ch. 11 Exculpations

    Highland Capital and parties opposed to the venture capital firm's Chapter 11 plan asked the U.S. Supreme Court to clear up how the high court's recent rejection of third-party claims releases in the Purdue Pharma reorganization applies to Chapter 11 exculpations.

  • July 01, 2024

    Talc Victims Can't Block J&J From Filing For Ch. 11 Outside NJ

    A New Jersey federal judge has denied a bid for a restraining order from a group of patients suing Johnson & Johnson over claims they were injured by its talc products, saying their concern that the company would try to file for bankruptcy outside the Garden State is based on speculation and not ripe for litigation.

  • July 01, 2024

    Catching Up With Delaware's Chancery Court

    Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.

  • July 01, 2024

    Clothing Maker Delta Apparel Hits Ch. 11 With Sale Plans

    Delta Apparel Inc., a Georgia-based clothes manufacturer, and six affiliates filed for Chapter 11 bankruptcy protection in Delaware with around $250 million in debt and plans to sell the lifestyle and clothes brand Salt Life while in bankruptcy.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Problems Linger Amid Efforts To Clean Up Debt Firm's Mess

    After the collapse of a California debt relief firm last year amid allegations of fraud, a bankruptcy judge signed off on a plan to allow a new firm to begin providing services for thousands of affected clients. While the new firm has promised to clean up its predecessor’s mess, some consumers say little to nothing has changed, and now enforcement agencies including the Consumer Financial Protection Bureau have started asking questions.

  • June 28, 2024

    Mercon Coffee Given More Time To Explain Insider Releases

    At its confirmation hearing Friday, Mercon Coffee Corp. said it needs more time to brief a New York bankruptcy judge on why certain employees are eligible for releases that were meant to keep them at the company.

  • June 28, 2024

    Ex-NS8 Exec Was 'Willing Participant' In Fraud, Trustee Says

    The litigation trustee in defunct cybersecurity startup NS8's Chapter 11 said co-founder David Hansen must return over $5 million to the bankruptcy estate, alleging in a lawsuit in the Delaware bankruptcy court that Hansen knew about and helped cover up years of fraud by the firm's former CEO that cost investors more than $100 million.

  • June 28, 2024

    Girardi's Ch. 7 Evidence Fight May Raise Novel Issues

    Tom Girardi told a California federal judge that FBI agents violated his constitutional rights by obtaining evidence from his law firm's bankruptcy trustee without a search warrant, an argument that, if successful, could hamstring prosecutors in his upcoming wire fraud trial and shake up law enforcement's dealings with trustees.

  • June 28, 2024

    US Logistics Liquidation Comes Amid Industry Headwinds

    A lender cutting off funding may have been the direct cause of trucking company U.S. Logistics Solutions Inc. filing for Chapter 7 liquidation in Texas, but it came amid a challenging environment for truck carriers.

  • June 28, 2024

    Telecom Co. Airspan Cleared For $200M Equity Swap

    Wireless telecommunications equipment maker Airspan Networks received court approval for its prepackaged Chapter 11 plan Friday in Delaware, paving the way for a $200 million debt-for-equity transaction that the company's attorney said will give it sure financial footing for the future.

  • June 28, 2024

    Lincoln Logs Maker Basic Fun Inc. Files For Ch. 11

    Basic Fun Inc., the toy-maker behind Lincoln Logs and Tinker Toys, filed for Chapter 11 bankruptcy Friday in a Delaware bankruptcy court, listing less than $100 million in assets and liabilities each. 

  • June 28, 2024

    Nixed Purdue Ch. 11 Plan May Leave States Ready For A Fight

    State attorneys general across the country could be gearing up for more opioid-related litigation against the Sackler family after the U.S. Supreme Court wiped out a $5.5 billion third-party release for the owners of bankrupt drugmaker Purdue Pharma LP, experts told Law360.

  • June 28, 2024

    Estate Owes $4.9M For Son-Of-Boss Scheme, US Says

    An estate owes $4.9 million in tax liabilities for a couple's scheme to artificially cancel out their capital gains, the federal government said in a complaint in Michigan federal court, arguing that the Son-of-Boss scheme constitutes fraud and its proceeds aren't entitled to bankruptcy protection.

Expert Analysis

  • Sellers Seeking Best Deal Should Focus On Terms And Price

    Author Photo

    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

    Author Photo

    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • 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.

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