Mid Cap
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September 10, 2025
Consumer Lender Says No Trustee Needed In Its Ch. 11
Counsel for consumer lending company Eventide Credit Acquisitions told a Texas bankruptcy judge Wednesday that a Chapter 11 trustee does not need to take over its bankruptcy, arguing the unsecured creditors committee is using its motion for the appointment of a trustee as a tactic to derail a November trial on claims from borrowers.
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September 10, 2025
Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11
A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time.
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September 10, 2025
Bowled Over: How Inflation Put Pinstripes In Ch. 11
Pinstripes Holdings Inc., a restaurant chain offering bocce ball and bowling alongside fettuccine bolognese, was buffeted by inflation and drooping business as it poured cash into growing its fortunes before hitting Chapter 11.
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September 10, 2025
Hydroxycut Maker Iovate Gets Ch. 15 Relief As Case Kicks Off
A New York bankruptcy judge agreed Wednesday to temporarily stay creditor actions against Canadian dietary supplement business Iovate Health Sciences one day after the Hydroxycut maker sought Chapter 15 protection.
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September 10, 2025
NIST Links Start Of Surfside Towers Collapse To Pool Deck
The National Institute of Standards and Technology's ongoing investigation into the 2021 partial collapse of the Champlain Towers South in Surfside, Florida, shows the collapse likely began in the 12-story residential building's pool deck, rather than in the main tower structure.
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September 10, 2025
Oakland Diocese Looks To End Ch. 11 Over Mediation Impasse
The Diocese of Oakland has asked a bankruptcy judge to dismiss its more than two-year-old Chapter 11 case, saying it cannot afford a contested confirmation hearing after hitting what it called a mediation deadlock with unsecured creditors.
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September 10, 2025
$36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.
A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.
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September 10, 2025
Fragrance Co. Wins TRO To Stop New York Trademark Action
Bankrupt fragrance company IMG obtained a temporary restraining order Wednesday against a litigation adversary the debtor said is threatening its Delaware restructuring by pursuing federal court action in New York.
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September 10, 2025
Firm Seeks To Toss Lowenstein Sandler Claims Over Affidavit
Trif & Modugno LLC has reiterated to the Essex County Superior Court in New Jersey that part of a malpractice suit filed against it by Lowenstein Sandler LLP must be dismissed because the national firm did not file an affidavit of merit within the time limit.
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September 10, 2025
Bowling Chain Pinstripes Gets Interim OK Of $3.8M DIP Loan
A Delaware bankruptcy judge on Wednesday granted interim approval for Italian eatery and bowling chain Pinstripes' $3.8 million debtor-in-possession financing from its prepetition lender, which will help the company navigate its Chapter 11 proceedings and pursue a going-concern sale.
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September 10, 2025
UpHealth Settles Merger Rows, Gets OK For Ch. 11 Plan
A Delaware bankruptcy judge Wednesday approved UpHealth's Chapter 11 liquidation plan and the settlement of two long-standing legal disputes, one of which the medical technology company blames for tipping it into bankruptcy.
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September 09, 2025
Ariz. Developer, Son Get Prison For $280M Sports Park Fraud
An Arizona developer and his son were both sentenced to prison Tuesday for deceiving investors into sinking $280 million into a Phoenix-area sports park by forging documents and inflating revenue projections for the facility, which entered bankruptcy soon after it opened.
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September 09, 2025
Meet The Attys Guiding Georgia Apartment Co.'s Ch. 11
A team of attorneys from Goldberg Weprin Finkel Goldstein LLP are representing the minority owner of a 200-unit apartment complex in the Atlanta metro area in a Chapter 11 it launched in New York.
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September 09, 2025
Hoodie Co. Wants $3.6M In Fees After Trial Loss Overturned
A sweatshirt maker wants $3.6 million in attorney fees from a rival after a $21 million judgment that forced it into bankruptcy was overturned by the Federal Circuit in July, saying the judgment was based on meritless allegations all along.
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September 09, 2025
23andMe Creditors Committee Scores $6M In Fees
A Missouri bankruptcy judge awarded $5.8 million in legal fees and expenses Tuesday to the unsecured creditors committee of insolvent consumer DNA testing company 23andMe, signing off on bills from Stinson LLP, Kelley Drye & Warren LLP and a financial adviser.
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September 09, 2025
Jones Asks Justices To Hear 'Death Penalty' Sandy Hook Case
Right-wing media firebrand Alex Jones asked the U.S. Supreme Court to take up his appeal of a $1.4 billion defamation damages award conferred by a Connecticut state court over statements about the 2012 Sandy Hook school shooting, saying the lower court's default judgment on liability is an unconstitutional "death penalty" for Jones and his media company.
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September 09, 2025
2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching
The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.
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September 09, 2025
Butler Snow Bankruptcy Duo Joins Vartabedian Hester
Dallas area litigation boutique Vartabedian Hester & Haynes LLP announced Tuesday that a pair of experienced bankruptcy attorneys joined the firm from Butler Snow LLP.
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September 09, 2025
Catching Up With New Bankruptcy Case Action
A bankrupt trucking company's founders asked for U.S. recognition of their own foreign insolvencies, bids the court rejected on Tuesday. Also, a biotech company filed for Chapter 11 with at least $2.7 million in liabilities, and a bowling and eatery chain hit bankruptcy in Delaware.
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September 09, 2025
Ohio Aerospace Manufacturer Hits Ch. 11 To Rework Debt
Cincinnati-based manufacturer CTL-Aerospace Inc. filed for Chapter 11 with at least $15 million in debt saying material sourcing troubles last year left it with an operating loss with limited funding avenues.
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September 09, 2025
Approach The Bench: Judge Shannon Discusses Bankruptcy
Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.
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September 09, 2025
Solar Biotech's Post-Sale Ch. 11 Liquidation Gets OK
A Delaware bankruptcy judge said Tuesday she would approve the Chapter 11 liquidation plan of Solar Biotech Inc. after it sold its assets for $20 million and resolved litigation between its largest secured creditor and its unsecured creditors' committee.
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September 09, 2025
Bowling And Eatery Chain Pinstripes Hits Ch. 11 Seeking Sale
Illinois-based bowling and restaurant chain Pinstripes has filed for Chapter 11 protection in Delaware bankruptcy court with more than $143 million in debt and plans to seek a going concern sale.
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September 08, 2025
Universities Put To The Test In 6 Higher Ed Property Conflicts
New York University's challenge to a recent rezoning, Chapter 11 proceedings for a student housing owner serving the University of California, and an Illinois university's refusal to hand over property to a local municipality are among the cases vexing higher education parties and their partners.
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September 08, 2025
Packable Ch. 11 Committee Has Preference Suit Mostly Tossed
The official committee of unsecured creditors in the Chapter 11 case of Packable Holdings largely lost out on motions to dismiss its adversary complaint tied to a prepetition lender and supplier, with a Delaware bankruptcy judge saying the complaint didn't adequately plead its claims to recover alleged preference actions.
Expert Analysis
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Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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Ch. 7 Ruling Is Warning For Merchant Cash Advance Providers
A New York bankruptcy court’s recent ruling in favor of a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical shows merchant cash advance providers why superficial agreement labels will not shield against preference liability, and serves as a guidepost for future contract drafting, say attorneys at Eversheds Sutherland.
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Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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GENIUS Act Could Muck Up Insolvency Proceedings
While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.