News & Analysis as of

Commercial Bankruptcy

Troutman Pepper Locke

Should I Remain Employed by the Debtor? What to Know About KEIPs and KERPs - Creditor’s Rights Toolkit

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For a debtor in financial distress, having the right team in place to steward the company through a restructuring can mean the difference between success and failure. To incentivize top talent to stay with the debtor and...more

Mayer Brown

Section 363 Sales Considerations

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Distressed entities seeking to sell assets often encounter commercial and legal challenges related to existing claims or resistant constituents. One possible solution to those challenges is to sell assets in bankruptcy...more

Mayer Brown

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

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In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow...more

Blake, Cassels & Graydon LLP

Landing in a Safe Harbour: Five Takeaways From the Red Lobster Cross-Border Restructuring

In May 2024, Red Lobster Management LLC (RL Management) and fourteen of its affiliates (collectively, Red Lobster), including Red Lobster Canada Inc. (Red Lobster Canada), commenced proceedings in the United States Bankruptcy...more

Allen Matkins

Nevada Supreme Court: Chapter 7 Filing Defeats Shareholder Breach Of Fiduciary Claim

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Globe Photos, Inc. owned a portfolio of millions of images of celebrities and musicians, including Marilyn Monroe, the Beatles, and Jimi Hendrix, some taken by famous photographers such as Frank Worth.  Despite these assets,...more

A&O Shearman

Not just another drop in the ocean: Thames Water and developments in restructuring plans since Adler

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In this alert, we take a look at some of the principal points arising from the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, as well as the broader state of play for restructuring plans in the...more

Morris James LLP

When Bankruptcy Meets Intellectual Property: What Every IP Holder Should Know

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Bankruptcy can disrupt even the most carefully structured business relationships, and if your company holds, licenses, or depends on intellectual property, the stakes are especially high. Understanding how bankruptcy law...more

Kramer Levin Naftalis & Frankel LLP

Pension Plan Withdrawal Liability Takes Center Stage in Bankruptcy Judge's "Preliminary Observations"

A recent decision from the Bankruptcy Court for the District of Delaware in In re Yellow Corp. could have widespread implications for bankruptcy cases, including municipal bankruptcy cases. Of particular interest, the Judge...more

Lathrop GPM

[Event] 2025 State of Litigation - May 14th, Kansas City, MO

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Join us at Lathrop GPM’s annual State of Litigation event, where we bring together business leaders, legal decision-makers and industry experts to explore the latest trends in litigation and risk management....more

Jones Day

Revisiting Singapore's Corporate Restructuring and Insolvency Regime: Cross-Class Cramdown in Schemes of Arrangement

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On March 11, 2025, the Committee to Enhance Singapore's Corporate Restructuring and Insolvency Regime (the "Committee") published a report (the "Report") outlining its recommendations to further enhance and modernize...more

McCarter & English, LLP

Follow the Breadcrumbs: Where Does Consumer Data Go as 23andMe Goes Bankrupt?

23andMe, a pioneer in the DNA testing kit industry, announced that it has filed for Chapter 11 bankruptcy protection and recently asked to select an independent customer data representative regarding any sale of user data....more

Walkers

Cayman Court stands firms against delay tactics in insolvency dispute

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The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency. If the Court is to accede to an application to restrain a winding-up petition,...more

Cadwalader, Wickersham & Taft LLP

The Impact of In re 301 W N. Ave., LLC on the Enforcement of Bankruptcy-Remote Protections

Executive Summary - The recent decision In re 301 W N. Ave., LLC, 666 B.R. 583 (Bankr. N.D. Ill. 2025) represents a significant development at the intersection of corporate governance, commercial real estate, and...more

Nelson Mullins Riley & Scarborough LLP

Make-Whole Premiums in Bankruptcy: Clarity in Drafting, Certainty in Recovery

In the world of commercial lending, certain contract provisions often go unnoticed—until the moment they matter most. Make-whole premiums are one such example. Typically tucked deep in loan agreements, these provisions are...more

Jackson Walker

Immediate Steps to Safeguard Your Genetic Data Amid 23andMe Bankruptcy Concerns

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Since its 2006 founding, 23andMe’s (the “Company”) service of collecting, analyzing, and reporting customers’ genetic information has raised privacy concerns among many. Worsening those concerns, the Company filed for...more

Troutman Pepper Locke

What Is a Structured Dismissal of a Bankruptcy Case and How Does It Affect Creditors? - Creditor’s Rights Toolkit

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More often than not, Chapter 11 debtors seek to exit bankruptcy by confirming a Chapter 11 plan of reorganization or liquidation. However, not only is this approach expensive, but it requires that the debtors have sufficient...more

Troutman Pepper Locke

State AGs and the FTC Warn of 23andMe Risks Following Bankruptcy Announcement

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Several state attorneys general (AGs) and the Federal Trade Commission (FTC) have begun scrutinizing ancestry tracking company 23andMe following its recent announcement that it has filed for Chapter 11 bankruptcy. As part of...more

Morris, Manning & Martin, LLP

From Stable to Shaky: What Bed Bath & Beyond’s Settlement Means for Retirement Plan Sponsors

In February, Bed Bath & Beyond, Inc.’s 401(k) Savings Plan Committee (the “Plan Committee”) agreed to pay $1,950,000 to participants in the Bed Bath & Beyond, Inc. 401(k) Savings Plan (the “Plan”) whose accounts were invested...more

Hogan Lovells

Restructuring Plans: how to plan for an exit

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An earlier version of this article appeared in Estates Gazette. Over the last 18 months we have seen a number of retailer restructuring plans, which have rewritten landlords’ leases and imposed sweeping rent cuts, whilst...more

Paul Hastings LLP

English Court Approves Enzen Part 26A Restructuring Plans in First Case With HMRC Active Support

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On 25 March 2025, the English Court approved the interconditional dual restructuring plans of Enzen Global Limited and Enzen Limited (Enzen). The plans amend and extend £50 million senior secured liabilities, provide for new...more

Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

Patterson Belknap Webb & Tyler LLP

Court Orders Removal of Couple from Upper East Side Mansion

While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the...more

Arnall Golden Gregory LLP

Restructuring Roundup - March 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Foley Hoag LLP - Security, Privacy and the...

The FTC Addresses 23andMe's Bankruptcy

In a March 31, 2025 letter, the Chair of the FTC, Andrew Ferguson, wrote to the Acting U.S. Bankruptcy Trustee and set out the FTC’s expectations for the protection of consumer information held by 23andMe. As we noted...more

Bradley Arant Boult Cummings LLP

Using Construction Lien Law to Pierce the Corporate Veil: Court Upholds Breach of Fiduciary Duty Claims Against Officers of...

The corporate veil is a fundamental concept of American jurisprudence that generally shields owners and officers from the lability of the corporation. Unless the corporate veil is pierced or otherwise avoided, owners and...more

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