By Ben Hancock | October 16, 2017
Litigation funders Vannin and Bentham separately announced continued growth in their U.S. operations Monday, with Vannin bringing on several former judges as advisers while Bentham announced hires to oversee a new bankruptcy unit.
By Susan DeSantis | New York Law Journal | October 16, 2017
Bankruptcy filings are decreasing nationwide but not in the Southern District, where judges are presiding over "a record high number of large mega cases," according to the State of the District report released today.
By Jason Grant | New York Law Journal | October 11, 2017
In state regulatory filings, the company said that it will lay off 100 employees from its Hauppauge, Long Island, headquarters and 90 employees from a Long Island City, Queens, plant that will close.
New York Law Journal | Analysis
By Gary Eisenberg | October 4, 2017
Gary Eisenberg writes: Retail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread. What has been less well understood is how changes to the Bankruptcy Code from over a decade ago and trends in bankruptcy practice have combined to limit considerably the likelihood that any retailer filing for Chapter 11 bankruptcy relief can emerge successfully as a reorganized company.
By Brian Baxter | October 2, 2017
Kirkland & Ellis and Kutak Rock, which have previously partnered up this year on Chapter 11 cases for Gymboree Retail Stores Inc. and Gordmans Stores…
By Brian Baxter | September 29, 2017
The two firms, which have partnered up on Chapter 11 cases for Gymboree and Gordmans, have now submitted court papers showing how much they intend to charge—and have already been paid—for their roles representing another ailing retailer. Another bankrupt Kirkland client paid $47.5 million to the firm within the past year.
By David M. Banker, Wojciech F. Jung and Eric Jesse | September 27, 2017
David M. Banker, Wojciech F. Jung and Eric Jesse write that the benefits of directors and officers insurance policies have been curtailed by the breadth of some courts' broad application of the "insured vs. insured" exclusion, which is common to D&O policies. Some courts have expanded the exclusion's scope to reach claims brought by or on behalf of the bankruptcy estate against insured directors and officers. Nevertheless, there are certain steps that bankruptcy and insurance practitioners can take to avoid or minimize the pitfalls of the insured vs. insured exclusion.
By newyorklawjournal | New York Law Journal | September 25, 2017
Pension to Surviving Wife Is 'Survivor Benefit' Not 'Retiree Benefit' Under Code §1114(a)
By Nichole Morford | September 25, 2017
In this Special Report from the New York Law Journal: "Fashion Forward Financing: Looking to Banks and IP for the Next Trend," "The Intersection of Federal Civil Enforcement Claims and Health Care Restructurings," "Supreme Court's 'Henson' Decision Leaves Many Questions Unanswered," "Treatment of Make-Whole Premiums in Bankruptcy: A Bondholder Perspective," "Is Time Really of the Essence? Not in Bankruptcy." and "Intentional Fraudulent Conveyances And Bankruptcy Code §523(a)(2)(A)."
By Eloy A. Peral | September 25, 2017
The pressures inherent in "time is of the essence" closings can breed ill-informed, and at times, regrettable decisions aimed at avoiding the potentially catastrophic result of failing to timely close. Bankruptcy can provide a "breathing spell" for financially distressed single-asset entities whose entire value is dependent on whether it can meet a "time is of the essence" deadline.
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