Mid Cap
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February 12, 2025
Omega Says Bank's Rug-Pull Led Cash-Strapped Co. To Ch. 11
Biotechnology company Omega Therapeutics, which hit Chapter 11 this week with over $140 million of debt and a restructuring agreement, has said it became insolvent because a bank that gave it a loan took almost $15 million of its money after alleging the borrower defaulted on the obligation.
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February 12, 2025
Chester, Pa., Can Probe Water Utility's Assets In Ch. 9
A Pennsylvania bankruptcy judge gave the ailing city of Chester the green light Wednesday to probe a water utility about its assets, but stopped short of allowing the city under Chapter 9 protection to share the information or allowing an auditor to visit the utility's property.
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February 12, 2025
Solar Co. Oya Gets OK For Ch. 11 Sales Following Settlement
A Delaware bankruptcy judge said Wednesday she would approve two sales of assets from solar energy producer Oya Renewables worth a combined $39 million after it reached a settlement with its creditors' committee.
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February 12, 2025
Skarzynski Marick Adds Duane Morris Bankruptcy Team in LA
Insurance coverage litigation boutique Skarzynski Marick & Black LLP is expanding its services, announcing Wednesday it is bringing over a team of Duane Morris LLP bankruptcy experts in its Los Angeles office.
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February 12, 2025
Blank Rome Adds 2 Ex-Otterbourg Finance Pros In NY
Blank Rome LLP has added the former chair of Otterbourg PC's banking and finance department and a fellow asset-based lending and corporate transactions specialist previously with that firm as partners in its New York office, the firm has announced.
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February 12, 2025
CarePoint Gets Deal To Upsize Ch. 11 Financing By $32M
Hospital owner CarePoint Health Systems Inc. reached an agreement with lenders to increase its Chapter 11 financing by $31.7 million, counsel for the debtor told a judge Wednesday, bringing CarePoint's total borrowing in its bankruptcy case to roughly $63.8 million as the company works to secure confirmation of a plan to restructure its debt.
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February 11, 2025
NY Judge Sides With Attorney In Golf Malpractice Row
A New York federal magistrate judge has recommended summary judgment in favor of an attorney in a legal malpractice lawsuit in which he is accused of causing the plaintiffs to lose an Arizona golf course property because he failed to file the proper bankruptcy paperwork.
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February 11, 2025
3rd-Party Releases OK'd In Rochester Diocese's Ch. 11 Plan
A New York bankruptcy judge Tuesday delayed approval of the Roman Catholic Diocese of Rochester's Chapter 11 plan disclosure for a month to review last-minute changes, but he said he had made up his mind that third-party liability releases in the plan are acceptable.
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February 11, 2025
Catching Up With New Bankruptcy Case Action
Zips Car Wash filed for Chapter 11 in Texas with $654 million in debt, struggling with liquidity from competition and rising interest rates. Omega Therapeutics filed for bankruptcy with $140 million in debt and a restructuring plan with its shareholders. White Forest Resources filed for Chapter 11 due to production and shipping issues and plans to sell one of its two mines in West Virginia.
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February 11, 2025
Ill. Atty Beats Wire Fraud Retrial After Privilege Violation
An Illinois jury has acquitted a former Freeborn & Peters partner of charges that he helped a client shift assets to avoid creditors ahead of its anticipated bankruptcy filing, after a privilege violation prompted the trial judge to exclude certain evidence from the case.
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February 11, 2025
Meet The Attys Guiding Omega Therapeutics Through Ch. 11
Biotechnology company Omega Therapeutics, which hit Chapter 11 in Delaware on Monday with more than $140 million of debt and a restructuring agreement with an affiliate of its controlling stockholder, has called on attorneys from Morris Nichols Arsht & Tunnell LLP to guide its insolvency.
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February 11, 2025
Ex-Major Lindsey Employee Must Face Firm's $4.8M Claim
A New York bankruptcy court ruled Monday that a former Major Lindsey & Africa LLC employee embroiled in over a decade of litigation with the recruiting firm cannot discharge a $4.8 million claim it filed against her.
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February 10, 2025
GenapSys Can't Claw Back Some Docs From Paul Hastings
A California judge ruled that GenapSys Inc. can claw back some documents it inadvertently released during discovery in a legal malpractice suit against Paul Hastings LLP, but that some documents discussed during depositions cannot be clawed back because attorneys for GenapSys did not lodge proper objections during the proceedings.
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February 10, 2025
DC Apartment Owner Finds Ch. 11 Buyer Via Credit Bid
The owner of a Washington, D.C., apartment building told a Delaware bankruptcy judge it found a buyer for the property who will acquire the asset through a credit bid.
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February 10, 2025
Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal
Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.
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February 10, 2025
Spyglass Says Weinstein Has No Rights To 'Scream 4' Profits
Film and television production company Spyglass, which bought the assets of The Weinstein Co. during its bankruptcy several years ago, is trying to fend off an attempt by Harvey Weinstein to collect money generated by the film "Scream 4."
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February 10, 2025
Akoustis Gets OK On Motions Tied To Ch. 11 Sale 'Cleanse'
A Delaware bankruptcy judge on Monday agreed to approve a handful of motions that radio frequency filter maker Akoustis Technologies Inc. said are related to its efforts to quickly scrub information covered by an intellectual property injunction from its assets before selling them in Chapter 11.
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February 10, 2025
Jones' Ch. 7 Deal Sunk, Yellow Scores Partial Pension Win
A Texas bankruptcy judge has rejected a Chapter 7 trustee's proposal to settle $1.5 billion in Sandy Hook claims against Alex Jones, Yellow Corp. won a partial victory in a $540 million pension dispute after a Delaware judge ruled liabilities were overstated, and the Eleventh Circuit barred a mortgage servicer from charging unauthorized "pay to pay" fees. This is the week in bankruptcy.
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February 10, 2025
Former Palm GC's Racial Bias Claim Should End, Judge Says
A New York federal judge has recommended dismissing a race discrimination claim brought by an ex-general counsel for The Palm steakhouse chain's owner while allowing her retaliation and breach of contract claims to proceed to arbitration, concluding that the company's onetime top lawyer had not shown the restaurant had "discriminatory intent."
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February 10, 2025
Small Businesses Already Closing After Subchapter V Lapse
Some small businesses have failed, with their owners simply walking away, since Congress let expire a provision that had made them eligible for Subchapter V protection, according to bankruptcy professionals.
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February 10, 2025
Biotech Firm Omega Therapeutics Hits Ch. 11 To Restructure
Biotechnology company Omega Therapeutics hit Chapter 11 in Delaware on Monday, listing over $140 million of debt on its petition and having filed a form with the U.S. Securities and Exchange Commission saying it had entered a restructuring agreement with an affiliate of its controlling stockholder.
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February 10, 2025
W. Virginia Coal Miner Hits Ch. 11 With $79M Debt, Sale Plans
West Virginia coal miner White Forest Resources filed for Chapter 11 protection in Delaware with nearly $79 million in debt, saying after struggling with production and shipping issues it plans to sell one of its two mines before the end of April.
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February 07, 2025
3 Firms Seek To Co-Lead Suits Over Banks' Synapse Ties
Attorneys from three firms are seeking to represent fintech customers in consolidated class claims in Colorado federal court against several banks over $85 million in funds that went missing after the failure of fintech-to-bank middleman company Synapse Financial.
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February 07, 2025
For These Victims, Death Came Before Bankruptcy Resolution
Thousands of people have died with no compensation in recent years as big institutions shield themselves in bankruptcy court from claims related to opioids, fraud, asbestos and sexual abuse, plaintiffs' lawyers say. Critics say it's an inherent part of a bankruptcy court system that helps insiders and hurts creditors.
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February 07, 2025
Ex-NFL Star Romanowski's Bankruptcy Converted To Ch. 7
Former NFL player Bill Romanowski and wife Julie had their Chapter 11 bankruptcy case converted to a Chapter 7 on Friday, after a California judge called a filing from the couple seeking the case's dismissal full of "hyperbole" and said a trustee is needed to examine the pair's assets and liabilities.
Expert Analysis
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Why Delaware ABCs Are No Longer As Easy As 1-2-3
In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.