Corporate Bankruptcy

Roundtables
Purdue Pharma decision

Authority Given to Committee to Sue the Sacklers: Purdue Opinion Reaffirms the Use of Derivative Standing by Creditor Committees

By Charles M. Rubio / April 21, 2025

A decision in the Purdue Pharma1 bankruptcy reinforces a cornerstone of bankruptcy jurisprudence: the longstanding authority of bankruptcy courts to grant derivative standing to official committees…

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gatekeeper provision

The Fall of the Gatekeeper Provision: Fifth Circuit Determines No Broader Than Exculpation

By Charles M. Rubio / March 25, 2025

In its March 2025 decision in Highland Capital Management, the Fifth Circuit has drawn a bright line: gatekeeper provisions in Chapter 11 plans must be coextensive…

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Navigating Franchise Agreements in Bankruptcy: The Pinnacle Foods Ruling

By Lenard M. Parkins / November 22, 2024

The recent In re Pinnacle Foods of California, LLC case exposes a significant challenge for franchisees seeking Chapter 11 reorganization in the Ninth Circuit. At issue is…

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Preferential & Fraudulent Transfer Claims

Pleading Standard for Preferential and Fraudulent Transfer Claims

By Lenard M. Parkins / November 12, 2024

Delaware Bankruptcy Judge Clarifies the Pleading Standard for Preferential and Fraudulent Transfer Claims Official Committee of Unsecured Creditors v. Nimble Gravity, LLC (In re Pack Liquidating,…

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Recapitalization Under Bankruptcy Safe Harbor

Second Circuit Protects Multi-Step Recapitalization Under Bankruptcy Safe Harbor

By Charles M. Rubio / October 25, 2024

The U.S. Court of Appeals for the Second Circuit has upheld the application of the Bankruptcy Code’s Section 546(e) “safe harbor” provision in the In re…

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re Cortlandt Liquidating

Bankruptcy Court Ruling Caps Landlord Claims in Bankruptcy for Debtors and Debtor-Guarantors

By Charles M. Rubio / March 27, 2024

Bankruptcy Court Ruling Caps Landlord Claims in Bankruptcy for Debtors and Debtor-Guarantors. Lincoln Triangle Comm. Holding Co. v. Halperin (In re Cortlandt Liquidating LLC), 658 B.R.…

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Chapter 22 Bankruptcy Questions

Chapter 22 Bankruptcy Cases: Your Questions Answered

By Charles M. Rubio / November 19, 2020

What is a “Chapter 22” case? “Chapter 22” refers to repeat chapter 11 filings. Although the term is used to mean any repeat chapter 11 filings…

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Proof of Claim in Bankruptcy

Proof of Claim: Are You Sure You Want to File It?

By Charles M. Rubio / September 1, 2020

Six Things to Consider A claim holder asserts a claim against a debtor in bankruptcy by filing a proof of claim (an equity holder asserts a…

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