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Bankruptcy
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July 25, 2025
Dentons Stalling Discovery In Terraform Ch. 11, Court Told
The bankruptcy plan administrator for failed cryptocurrency platform Terraform Labs has accused Dentons US LLP of blocking his discovery requests in an attempt to secure final approval of some $25 million in fees, saying the law firm is seeking to "run out the clock" to dodge an investigation into its role in Terraform's collapse.
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July 25, 2025
Calif. Landlord Files Ch. 11 With Over $50M In Debt
A company that owns an apartment building in California's Central Coast region has launched a Chapter 11 case with between $50 million and $100 million each in assets and liabilities.Â
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July 25, 2025
Will Tom Girardi's Wardrobe Mishap Help His Appeal?
When legendary attorney Tom Girardi's pants fell down as he finished testifying in his defense, the judge had to decide: Was this a desperate bid to feign incompetence and avoid prison for stealing client funds, or just an accident by an 86-year-old man with dementia? And if it really was an accident, does it now give Girardi a shot at winning his appeal and overturning his sentence?
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July 24, 2025
Judge Won't Block Exela Ch. 11 Plan For Claims Dilution Suit
A Texas bankruptcy judge Thursday declined to stop automation technology group Exela from exiting Chapter 11 next week, but said he would condition the over $1 billion debt-for-equity swap plan's effectiveness on a roughly 30% recovery rate for its general unsecured claims.
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July 24, 2025
Fiber Co. Tilson Sues Gigapower For Breach Of Contract
Fiber network developer Tilson Technology Management Inc. has filed a lawsuit in Texas against joint venture Gigapower LLC, alleging wrongful breach of contract tied to large-scale infrastructure projects that ultimately pushed Tilson into bankruptcy.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 24, 2025
FTX Ends 6 Suits Over Political Donations In Ch. 11
Fallen cryptocurrency exchange FTX has agreed to dismiss adversary proceedings in Delaware bankruptcy court against six political organizations, lawsuits that were aimed at recovering roughly $28.75 million in donations made to the groups prior to FTX's bankruptcy.
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July 24, 2025
Forex Firm Argentex Placed Into Administration
United Kingdom-based currency risk manager Argentex said it has appointed administrators after suffering a "rapid" loss of liquidity amid volatility tied to the U.S. trade war.
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July 24, 2025
Hedge Fund Founder Fights To Keep His Own Ch. 11 In Florida
The founder of insolvent hedge fund Weiss Multi-Strategy Advisers has asked a New York bankruptcy judge to not transfer his personal bankruptcy case out of Florida, arguing that is where his primary residence is and that his firm's New York case is winding down.
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July 23, 2025
Lender Seeks End To NY Developer's 2nd Ch. 11 Try
A prospective developer of a Westchester County, New York, property has filed for Chapter 11 protection in a New York bankruptcy court with more than $10 million in debt and a mortgage provider seeking to dismiss the case, saying it's an attempt to dodge a foreclosure sale.
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July 23, 2025
PREPA Bondholders Say Utility Swiped $2.9 Billion
The electric utility for Puerto Rico on Wednesday defended itself in New York bankruptcy court from allegations that it had improperly spent its revenues, which the bondholders claim as collateral for $8.5 billion worth of bonds.
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July 23, 2025
Dolphin Co. Unit Nears Court Approval Of Bid Procedures
A Delaware bankruptcy judge said Wednesday she will approve the bidding procedures that an insolvent subsidiary of The Dolphin Co. proposed for a sale of all its assets, once the debtor makes certain revisions to its requests.
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July 23, 2025
Yale Wins Bid To Keep $435M Hospital Sale Suit In State Court
A Connecticut federal judge has sided with Yale New Haven Health Services Corp., the state's largest hospital system, in sending a contract suit with a bankrupt hospital seller back to state court, finding that remand would best preserve court resources rather than transferring it to a bankruptcy judge in Texas.
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July 23, 2025
Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says
A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.
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July 22, 2025
States, Asbestos Claimants Seek Claim Purge Block In Del.
An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.
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July 22, 2025
Judge Rejects Bondholder Claim Against Puerto Rico
A New York federal judge found Tuesday the terms of Puerto Rico's debt restructuring plan bars holders of bonds issued by the island's public electric utility from lodging a claim against its government.
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July 22, 2025
NC Judge OKs $318M For Lindberg Victims From Asset Sale
A federal judge in North Carolina on Tuesday signed off on a special master's request to divvy up $318 million from the sale of one of convicted insurance mogul Greg Lindberg's most valuable assets to help pay back the insurance companies he is accused of defrauding.
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July 22, 2025
Judge Won't Stay Highland Ch. 11 Over Charity Fraud Probe
A Texas bankruptcy judge has refused to stay the Chapter 11 case of Highland Capital LP in whole or in part, denying a pair of requests from the state of Texas and from a trust affiliated with ex-CEO James Dondero after finding the reason for their requests irrelevant to the case.
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July 22, 2025
Ch. 11 Judge Escapes Energy Drink Co. Founder's Bias Suit
A Florida bankruptcy judge was freed Tuesday from a suit alleging he was biased while presiding over the Chapter 11 case of the company behind Bang energy drinks.Â
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July 21, 2025
Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust
Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
Pet Care App Wag! Plans To Go Private In Ch. 11
The pet care app Wag! filed for bankruptcy on Monday, saying it expects to have a prepackaged restructuring plan confirmed in just over a month that will transfer ownership of the publicly traded company to its secured lender.
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July 21, 2025
Reed Smith's Doc Block Motion 'Hyperbolic,' 2nd Circ. Told
Reed Smith LLP cannot block the new owners of reorganized Greece-based international shipping company Eletson from viewing files already in its possession, the company has told the Second Circuit, arguing the law firm's emergency motion to stop the new owners from accessing the files was intentionally timed to head off anticipated district court rulings.
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July 21, 2025
Top 4 Texas Cases To Watch: A Midyear Report
Several major cases are taking shape in the Lone Star State, including the Southwest Airlines Pilots Association's suit seeking to hold Boeing accountable for lost revenue after the 737 Max was grounded, as well as the continuing fallout of a former Houston judge's romance scandal that could cost a Texas firm millions of dollars. Here's a look at the top cases to watch in Texas through the rest of the year.
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July 21, 2025
Conn's Ch. 11 Plan Approved With Opt-Outs
A Texas bankruptcy judge on Monday confirmed the Chapter 11 plan of department store Conn's, overruling objections from the U.S. Trustee's Office that it contained improper release and exculpation provisions.
Expert Analysis
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.