The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes the rights of a creditor holding an unsecured claim to set aside a transfer that is “voidable under applicable law”. The effect of

A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies.

In Ehrenberg v. Allied World National Assurance Co. (In Re: Orion HealthCorp, Inc.), 24-2511 (2d. Cir. April 15, 2025), the Second Circuit affirmed the judgment

When a business leases commercial space, it is common practice for the landlord to request that the company provide
a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if there is a default under the lease. In this way, landlords mitigate financial losses.

A personal guaranty gives

On June 7, 2024, Bernard Condon, an Associated Press reporter, authored the article, “Zombies: Ranks of world’s most debt-hobbled companies are soaring, and not all will survive.”

Condon’s article details zombie companies (Zs) so laden with debt that they are on the brink of collapse, barely able to pay even the interest on their loans. They

In one of the most publicized terms for the U.S. Supreme Court, one June decision has not received the attention it deserves: Truck Insurance Exchange v. Kaiser Gypsum Company Inc.

Truck upends decades of Chapter 11 bankruptcy jurisprudence that often relegated a debtor’s insurer to the sidelines, even if the insurer had financial responsibility under the

On June 27, 2024, the U.S. Supreme Court blocked a $6 billion bankruptcy settlement in Harrington v. Purdue Pharma L. P., No. 23-124, 2024 WL 3187799, at *11 (U.S. June 27, 2024). The Court found that the Bankruptcy Code does not support a Chapter 11 bankruptcy plan over the objection of claimants, that shields the

The U.S. Supreme Court on June 6, 2024, held that an insurer with a financial responsibility for bankruptcy claims is a party in interest and has standing to raise and be heard on issues in a Chapter 11 proceeding.

In Truck Insurance Exchange v. Kaiser Gyspum Co., Inc., et al., No. 22-1079, the Supreme Court

Recent bankruptcy rulings upended the notion that bankruptcy protections are only for insolvent debtors.

In two different cases, two U.S. bankruptcy judges from the U.S. Bankruptcy Court for the Western District of North Carolina reached the same conclusion: Lack of financial distress is not a requirement for bankruptcy protection, and the court has constitutional subject

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”).

The judge found that the Official Committee of Unsecured Creditors’ (the “Committee’s”) request to proceed with the action was baseless since no settlement had been reached and the Committee’s entire

This article addresses the “Texas Two-Step” litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.

Mass-tort bankruptcy cases have been capturing headlines recently. Everyday household names have sought bankruptcy