United States: Insolvency/Bankruptcy

Plaintiffs in commercial disputes often face a troubling issue: no matter how strong their case may be on the merits, will there be assets available to collect? As the saying goes, an uncollectable judgment is not worth the paper it is printed on. What if it appears that the defendant does not have sufficient assets to pay a likely judgment or — even worse — that the defendant is liquidating and dissipating assets? Can the plaintiff obtain a temporary restraining order to freeze the defendant

Small- and medium-sized enterprises (SMEs) are the backbone of the American economy, and the approximately 30 million SMEs in the U.S. have accounted for nearly two-thirds of new private sector jobs in recent decades.

Chapter 15 of the Bankruptcy Code reached its 20th year of enactment in October 2025.

In East Texas Machining & Manufacturing, LLC v. STV Engine 011, LLC, et al., Adv. Case No. 24-06043 (Jan. 29, 2026), the United States Bankruptcy Court for the Eastern District...

The Upper Tribunal (Lands Chamber) (“UT”) recently delivered its judgment in the appeal against a Remediation Contribution Order (“RCO”) granted in January 2025 for over £13.2 million against 76 respondents.

Preferred equity occupies a unique position in the capital structure, sitting above common equity but below all debt. But unlike senior or mezzanine financing, preferred equity does not carry creditor status...

On January 20, 2026, in Coney Island Auto Parts Unlimited, Inc. v. Burton, the Supreme Court unanimously held that litigants do not have unlimited time to challenge judgments...

A recent decision from the North Carolina Business Court explains that in some instances, the show must go on.

After years of securing large settlements from companies involved in manufacturing, distributing and producing opioids, prosecuting all levels of opioid involvement remains a bipartisan priority...