United States: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
You Can’t Un-Ring the Bell (or the Assignment): Bankruptcy Court Dismisses Chapter 11 Cases in Favor of a Pending ABC Proceeding
A bankruptcy court dismissed Chapter 11 cases filed by two law firms ten months after they entered an assignment for the benefit of creditors, finding the bankruptcy filing was made in bad faith to frustrate ongoing recovery efforts. The decision establishes critical precedent on when debtors can pivot from state assignment proceedings to federal bankruptcy and the limits of contractual termination rights once an assignment is underway.
United States Insolvency
AP
Arnold & Porter
Article
Mistake, Pattern, Or Deceptive Scheme? A Forensic Expert’s Framework For Evaluating Deceptive Trade Practices Allegations
Independent special committee investigations are gaining prominence in bankruptcy and restructuring as stakeholders demand greater transparency and accountability. Organizations are leveraging AI and data analytics to transform business intelligence into actionable decision intelligence, while navigating complex regulatory landscapes from stablecoin certification to third-party distribution risks.
Global Commercial
AC
Ankura Consulting Group LLC
Article
Putting A Price On Summer Camp: Inside Simad’s $448M Bankruptcy Auction
Cole Schotz attorney Michael Sirota received an urgent early-morning call to file nearly 200 bankruptcy cases within 24 hours after the Shabseles brothers' real estate empire and summer camp network unexpectedly collapsed. With 20,000 children about to board buses for summer camp, the legal team faced the challenge of restructuring a complex web of entities while ensuring the camps could open on schedule.
United States Insolvency
CS
Cole Schotz P.C.
Article
The Long Litigation Nears An End: Omnicare, CVS, And DOJ Reach A $440 Million Deal
A federal bankruptcy court has approved the disclosure and voting process for Omnicare's Chapter 11 plan, which includes a proposed settlement resolving nearly $1 billion in False Claims Act liability stemming from allegations of dispensing drugs without valid prescriptions. The settlement would see CVS Health Corporation and Omnicare pay at least $440 million to the Department of Justice, marking a significant reduction from the original judgment while highlighting ongoing enforcement priorities in healthc
United States Criminal
AP
Arnold & Porter
Article
Bankruptcy Court Evaluates Trustee's Authority To Sell Avoidance Actions And Right Of Target Defendants To Object
Bankruptcy courts disagree on whether avoidance actions constitute transferable estate property or nontransferable trustee powers, with significant implications for monetizing these claims through competitive sales. A recent Western District of Pennsylvania decision examined this issue alongside questions of bankruptcy standing when potential defendants challenged a trustee's proposed sale of avoidance actions to a creditor.
United States Insolvency
JD
Jones Day
Article
Florida Bankruptcy Court Examines Scope Of Discovery In Chapter 15 Cases
A Florida bankruptcy court examines the scope and limitations of discovery mechanisms available in Chapter 15 cross-border insolvency cases, clarifying when broad Rule 2004 discovery applies versus more restrictive adversary proceeding rules. The decision addresses critical questions about asset investigation, geographic limitations on subpoenas, and the interplay between different discovery frameworks when foreign representatives seek information about U.S. assets.
United States Insolvency
JD
Jones Day
Article
Fifth Circuit: Bankruptcy Court, Not State Court, Had Jurisdiction To Allow Or Disallow Administrative Expense Claim
The Fifth Circuit Court of Appeals examined whether bankruptcy courts possess core jurisdiction to adjudicate administrative expense claims that are predicated on state law causes of action, or whether such underlying state law disputes must first be resolved by state courts. The decision clarifies the scope of bankruptcy court authority when non-bankruptcy law intersects with core bankruptcy proceedings.
United States Insolvency
JD
Jones Day
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