United States: Insolvency/Bankruptcy

The Uniform Assignment for Benefit of Creditors (ABC) Act aims to modernize and standardize a debtor-initiated, state-law liquidation mechanism where financially distressed debtors...

This case is the latest in a series of cases — and potentially the first decision by a district court after the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024) (Purdue) — holding that nonconsensual releases approved in foreign restructuring proceedings can be enforced in the United States under Chapter 15.

In this episode of Lowenstein Bankruptcy Lowdown, Bankruptcy & Restructuring Vice Chair David M. Posner and partner Colleen M. Restel examine whether Chapter 15 may offer a new pathway for cannabis...

Brian Lucareli and John Melko explore the intricacies of Delaware Asset Protective Trusts, examining statutory exceptions and how enforcement varies across different states. The discussion provides families and advisors with practical insights into evaluating asset-protection planning strategies.

Earlier this month, commercial litigators and judges from across New York headed to the Sagamore Resort on Lake George for the NYSBA Commercial and Federal Litigation Section’s 2026 Spring Meeting.

The so-called Texas Two‑Step is a restructuring strategy that uses Texas state divisional‑merger law to separate a company’s operating business from certain legacy liabilities, often those involving mass tort claims.

A Delaware District Court has affirmed that Chapter 15 of the Bankruptcy Code permits U.S. recognition and enforcement of third-party releases approved in foreign insolvency proceedings, distinguishing this framework from the Supreme Court's Purdue decision that limited such releases in domestic Chapter 11 cases. The ruling in the Crédito Real case establishes that international comity principles and Chapter 15's distinct purpose of facilitating cross-border restructurings allow courts to honor foreign

Explore critical insights across multiple sectors including Middle East construction challenges amid regional conflict, the intersection of financial reporting valuations and tax compliance, large-scale financial remediation...

Highly leveraged companies structured as partnerships face complex tax implications when restructuring debt obligations, particularly regarding cancellation of debt income.