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May 07, 2024 | Law.com

The Texas Two-Step: Efficient, Equitible and Just

The Texas two-step provides a basis for equitable and efficient judicial resolutions and provides global stability that prevents high-stakes litigation shopping. It is thus an efficient means to resolve a host of claims that can number into the thousands in a host of courts throughout the country.
7 minute read
May 06, 2024 | The American Lawyer

Nickel and Dimed: Fee Examiners More Common Amid Rise in Contentious Bankruptcies

A Delaware bankruptcy judge's recent order reflects rising scrutiny over Big Law bills in mega-bankruptcies.
4 minute read
May 03, 2024 | The Legal Intelligencer

Trustees May Pursue Third-Party Claims Acquired From Settling Preference Defendants

In a recent decision, the U.S. District Court for the District of Delaware upheld a bankruptcy court's ruling that a liquidating trust had the authority to pursue not only estate causes of action, but also third-party claims held by preference defendants and turned over to the trust as part of preference claim settlement consideration.
8 minute read
May 01, 2024 | National Law Journal

Johnson & Johnson Launches $6.48B Bankruptcy Plan to Resolve Talc Lawsuits

Wednesday's proposed plan immediately got pushback from lawyers representing ovarian cancer victims: "This is not a done deal," Beasley Allen's Andy Birchfield said. "There is substantial opposition to this."
5 minute read
May 01, 2024 | Law.com

Johnson & Johnson Launches $6.48B Bankruptcy Plan to Resolve Talc Lawsuits

Wednesday's proposed plan immediately got pushback from lawyers representing ovarian cancer victims: "This is not a done deal," Beasley Allen's Andy Birchfield told Law.com. "There is substantial opposition to this."
5 minute read
April 26, 2024 | The Legal Intelligencer

In Closing 'Unacceptable Loopholes,' New Bill Would Allow Sex Abuse Claimants to Gain More Power in Chapter 11 Bankruptcies

The Boy Scouts of America, which filed for Chapter 11 in the District of Delaware in February 2020 and has since had a reorganization plan confirmed, faced more abuse claims than had been brought in any bankruptcy case before. A new bill in Congress would address such cases.
4 minute read
April 26, 2024 | Delaware Business Court Insider

Closing 'Unacceptable Loopholes': How Sex Abuse Claimants Could Gain Power in Chapter 11 Bankruptcies

The Boy Scouts of America, which filed for Chapter 11 in the District of Delaware in February 2020 and has since had a reorganization plan confirmed, faced more abuse claims than had been brought in any bankruptcy case before. A new bill in Congress would address such cases.
4 minute read
April 25, 2024 | The Legal Intelligencer

Skeptical of Sacks Weston's Survival, Judge Dismisses Firm's Chapter 11 Petition

"The debtor is not a going concern, and its proposed plan will not maximize the value of the estate," U.S. Bankruptcy Judge Patricia Mayer said in an opinion.
4 minute read
April 24, 2024 | The Legal Intelligencer

Under Pressure From Lit Funding Creditor, Sacks Weston Agrees to Drop Chapter 11 Bid

The firm acknowledged expected difficulties in convincing creditors to confirm its bankruptcy plan.
3 minute read
April 24, 2024 | New York Law Journal

Has the Seventh Circuit Opened the Door for Distressed Investors Through Limiting the Risk of Failed LBOs or Other Stock Sales?

In March, the Seventh Circuit held that the same safe harbor provisions in the Bankruptcy Code may also extend to leveraged acquisitions structured as a purchase of privately held stock.
10 minute read

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