On February 12, 2025, the US District Court for the District of Delaware issued a significant ruling in the case of HE, Inc. v. Avadim Holdings Inc. and Relion Holdings LLC. This decision arose from the Chapter 11 bankruptcy...more
2/26/2025
/ Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Buyers ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Debtors ,
Enforcement Actions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
Sale of Assets ,
Settlement Agreements
On January 13, 2025, the United States District Court for the District of Delaware affirmed the decision by the Delaware Bankruptcy Court, holding that an unofficial committee representing tens of thousands of sexual abuse...more
On January 6, 2025, the United States Bankruptcy Court for the Northern District of Illinois (the Bankruptcy Court) granted a mortgage lender’s motion to dismiss a debtor’s bankruptcy filing due to the debtor’s lack of...more
On December 31, 2024, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) exited 2024 by issuing a pivotal decision in a bankruptcy case that addresses recently utilized refinancing schemes and appears to...more
In the ever-evolving landscape of insurance law, a recent decision by the Supreme Court has set a new precedent that could have far-reaching implications for insurers in bankruptcy cases. In the case of Truck...more
The US Supreme Court has recently issued a pivotal decision that has significant implications across various sectors, including legal, corporate, and public health. The decision settles a significant legal dispute that has...more
Chapter 15 of the Bankruptcy Code provides a valuable tool for non-US entities going through foreign insolvency proceedings when they have assets located in the United States. Chapter 15 can protect the value of US assets by...more
3/29/2024
/ Bankruptcy Code ,
Canada ,
Chapter 15 ,
Commercial Bankruptcy ,
Debtors ,
Foreign Entities ,
Insolvency ,
Parent Corporation ,
PBGC ,
Pension Funds ,
Subsidiaries
In In re CII Parent, Inc., the Bankruptcy Court for the District of Delaware affirmed a secured lender’s prepetition exercise of its proxy rights and its subsequent removal and replacement of the directors/managers of the...more
5/12/2023
/ Attorney-in-Fact ,
Automatic Stay ,
Board of Directors ,
Collateral Agreements ,
Commercial Bankruptcy ,
Debt-Equity ,
Equity Investors ,
Lenders ,
Loan Agreements ,
Loan Guaranties ,
Proxy Voting ,
Secured Debt ,
Subsidiaries ,
Voting Rights
It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more