Mid Cap

  • May 08, 2024

    Appgate To Get Interim OK To Tap $8M Of $18M DIP

    A Delaware bankruptcy judge Wednesday agreed to give interim approval for technology firm Appgate Inc. to tap $8 million of its debtor-in-possession financing to fund its way through its prepackaged bankruptcy.

  • May 08, 2024

    NY AG Says $6M NRA Verdict Should Stand

    A New York state court should not undo a jury's finding that the National Rifle Association allowed its officers to misappropriate $6.4 million of donor money, the state's attorney general has argued, saying trial evidence abundantly laid out evidence of misconduct and organizational failures.

  • May 08, 2024

    Bill To Undo SEC Crypto Accounting Bulletin Passes House

    Lawmakers in the U.S. House of Representatives on Wednesday voted to overturn the U.S. Securities and Exchange Commission's controversial cryptocurrency accounting guidance despite protests from Democrats to take a more targeted approach to amend the directive and a White House pledge to veto the bill.

  • May 08, 2024

    Biotech Co. NanoString Seeks Vote On Updated Ch. 11 Plan

    Seattle-based life sciences firm NanoString Technologies Inc. has asked a Delaware bankruptcy judge to let it send its amended Chapter 11 liquidation and wind down plan, which would use money from the $393 million sale of its business to repay nearly all creditors, out for a vote.

  • May 08, 2024

    Arbitration Costs Stymie Eletson Holdings Ch. 11 Fee Deal

    A dispute over professional fee applications in the Chapter 11 case of shipping company Eletson Holdings was largely resolved Wednesday in a New York bankruptcy court, but questions about fees incurred by lawyers working on an arbitration action outside of bankruptcy kept a final resolution at bay.

  • May 08, 2024

    Hurricane Ads Suit Paused For Law Firm Amid Ch. 11 Case

    In light of its recent bankruptcy filing, a Texas federal judge has paused class claims against a beleaguered Texas law firm accused of misconduct in soliciting clients in hurricane-related property damage cases, but the case remains active against a legal funding outfit and other defendants.

  • May 08, 2024

    Icon Aircraft Gets OK For June Auction After Shareholder Deal

    A Delaware bankruptcy judge Wednesday gave final approval to Icon Aircraft's $9 million in Chapter 11 financing and a June asset auction after the light-sport aircraft maker said it had resolved objections by shareholders who say Icon may be headed for a sale to an insider.

  • May 08, 2024

    Sleep Apnea Co. Hits Ch. 11 Over $41.5M In Debt, Cash Woes

    California-based ProSomnus, which produces devices to prevent sleep apnea, said a balance sheet heavy with more than $41.5 million in debt and difficulty in funding its continued operations forced it to file for Chapter 11 protections in Delaware.

  • May 07, 2024

    SEC Says Morrison Can't Save Terraform From Disgorgement

    The U.S. Securities and Exchange Commission said bankrupt crypto firm Terraform Labs should remain on the hook for potentially $3.6 billion in disgorgement over its fraud trial loss, saying any claims that its unregistered transactions took place beyond the court's reach are undermined by the agency's congressional authority.

  • May 07, 2024

    Real Estate Co. Says Privilege, Immunity Don't Protect Trustee

    A real estate company says a Chapter 7 trustee overseeing a Connecticut woman's personal bankruptcy cannot invoke the doctrine of qualified immunity or assert a litigation privilege to avoid being countersued for trying to stop a home sale the trustee considered fraudulent.

  • May 07, 2024

    Pear Therapeutics Ch. 11 Liquidation Plan Confirmed

    A Delaware bankruptcy judge said at a hearing Tuesday that he would confirm the Chapter 11 liquidation plan for software-based medicine venture Pear Therapeutics after it sold most of its assets and reached a settlement with former employees.

  • May 07, 2024

    NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit

    A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.

  • May 07, 2024

    Battery Developer Ambri Can Tap $3.75M Of Ch. 11 Financing

    Battery start up Ambri Inc. can access the first $3.75 million leg of a debtor-in-possession loan funded by its creditors, including firms owned by Bill Gates and hedge fund billionaire John Paulson, after a Delaware bankruptcy judge Tuesday agreed to interim approval but expressed skepticism over final terms of the DIP package.

  • May 07, 2024

    Gronk, Others To Pay $2.4M In Voyager Crypto Promoter Suit

    Retired football star Rob Gronkowski, NBA player Victor Oladipo and NASCAR driver Landon Cassill have agreed to collectively pay $2.4 million to settle allegations they helped promote failed cryptocurrency exchange Voyager Digital Holdings Inc.

  • May 07, 2024

    Judge Rips 2nd Circ.'s 'Erroneous' Ruling In Sears Lease Spat

    A New York federal district judge ruled that Sears Holdings Corp.'s lease for the Mall of America in Minneapolis should be returned to the bankrupt retail chain's liquidating trustee, saying that the decision gives "scant comfort" as it removed from the books "an obviously outlier ruling" by the Second Circuit.

  • May 06, 2024

    Crypto Platform's Ex-Brass Charged With $783M Fraud

    Three former executives behind bankrupt cryptocurrency investment platform Cred Inc. face wire fraud and money laundering charges after they allegedly lied to customers about the firm's lending and investing practices ahead of a collapse prosecutors say wiped out $783 million in customer crypto.

  • May 06, 2024

    Icon Aircraft Investors Seek To Halt Proposed Ch. 11 Sale

    A group of Icon Aircraft investors seeking to file legal claims against the company's Chinese majority equity holder asked a Delaware bankruptcy judge Monday to halt the company's proposed sale, saying the proposed stalking horse bidder is indirectly controlled by the current majority holder.

  • May 06, 2024

    Subchapter V Bankruptcies Up 60% In April As Costs Weighed

    More small companies filed for Chapter 11 bankruptcy under Subchapter V in April, according to new data, as higher costs for everything from raw materials to loans and insurance continued to hit struggling businesses.

  • May 06, 2024

    DMK Pharma Lands $3.2M Deal To Sell Drug In Ch. 11

    Drugmaker DMK Pharmaceuticals Corp. informed a Delaware bankruptcy judge Monday that the debtor worked out a tentative agreement in its Chapter 11 case to sell an opioid overdose recovery treatment for nearly $3.2 million.

  • May 06, 2024

    WeWork Advances Plan, J&J's Third Filing, More Jones Drama

    WeWork Inc. pushed forward a reorganization plan despite its former CEO's objections, Johnson & Johnson disclosed plans for a prepackaged bankruptcy case supported by a $6.5 billion settlement, and an appeals court upheld more than $400,000 in sanctions as part of bankruptcy proceedings for Georgia-Pacific's asbestos unit.

  • May 06, 2024

    Cybersecurity Firm Appgate Hits Ch. 11 3 Years After IPO

    Technology firm Appgate Inc. and 11 affiliates filed for Chapter 11 bankruptcy in Delaware Monday with a prepackaged plan to wipe all debt from its books, tap new funding and go private roughly three years after its initial public offering backed by $1 billion in investments.

  • May 06, 2024

    Video AI Startup StoryFile Enters Bankruptcy

    StoryFile Inc., an artificial intelligence video company that promoted its product as a way to leave behind interactive videos for your loved ones, has filed for Chapter 11 protection with more than $8 million in debt, saying its expenses had outstripped its ability to raise capital.

  • May 06, 2024

    Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans

    Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.

  • May 03, 2024

    Meet The Attorneys In Teen Retailer Rue21's 'Chapter 33'

    A team of attorneys from Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor LLP are representing clothing retailer rue21 in its third trip through Chapter 11 — colloquially called a "Chapter 33" — and its second in seven years.

  • May 03, 2024

    Keeping Track Of The Catholic Diocese Bankruptcy Cases

    New federal legislation that aims to bolster protections for sex abuse victims in bankruptcy has put renewed focus on the more than dozen Catholic dioceses that have turned to Chapter 11 to manage their liability for alleged child abuse crimes.

Expert Analysis

  • 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.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

    Author Photo

    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

    Author Photo

    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

    Author Photo

    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Why Delaware ABCs Are No Longer As Easy As 1-2-3

    Author Photo

    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.

  • Diamond Sports Cases Shed Light On Executory Contracts

    Author Photo

    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.

  • Playing In A Rock Cover Band Makes Me A Better Lawyer

    Author Photo

    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.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

    Author Photo

    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.

  • Balancing Justice And Accountability In Opioid Bankruptcies

    Author Photo

    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.

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