Bankruptcy Law

Discussions
Signs Litigation Threatening Enterprise Value of Business

Understand What Chapter 11 Bankruptcy Does for Businesses

By Charles M. Rubio / April 11, 2026

What does Chapter 11 change about handling litigation exposure in bankruptcy? One of the main changes Chapter 11 introduces is the automatic stay, which halts most…

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Signs Litigation Threatening Enterprise Value of Business

Strategic Use of Chapter 11 in Litigation

By Charles M. Rubio / March 16, 2026

What changes immediately after a company files for Chapter 11 during significant litigation? When a company files for Chapter 11, an automatic stay is enacted, functioning…

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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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