United States: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

Winning $23.8 Million Is One Thing. Collecting It Is Another: Van Leeuwen v. Rebel Meets Chapter 11

A federal court awarded Van Leeuwen Ice Cream nearly $24 million in a trademark infringement case against Rebel Creamery, but less than a month later, Rebel filed for Chapter 11 bankruptcy protection.

United States IP

BS

Butler Snow LLP

Restructure THIS! Episode 29 | Healthcare Restructuring Under Pressure: Medicaid Cuts, Private Equity And The Fight To Keep Hospitals Open With Samuel Maizel (Podcast)

Sheppard’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing.

United States Insolvency

SM

Sheppard, Mullin, Richter & Hampton LLP

Structuring LMEs Without Creating Unexpected Tax Burdens

Liability management exercises (LMEs) offer companies facing financial pressure an alternative to formal bankruptcy, but their tax consequences can significantly impact long-term value creation. Understanding how different LME structures affect cancellation of indebtedness income, tax attributes, and future deductions is essential for stakeholders evaluating out-of-court debt restructuring options.

United States Tax

R

Riveron

Cash Collateral—An Illusion Or A Reality?

A recent bankruptcy court decision highlights critical lessons for secured creditors about the difference between having access to cash collateral and actually holding it as security. The case demonstrates how inadequate documentation and commingling of funds can result in the complete loss of a substantial secured claim, even when the creditor believed it had proper protections in place.

United States Insolvency

MB

Mayer Brown

Third Circuit Affirms Subchapter V Eligibility And Insider Settlement Approval, Highlighting Conditions Of "Contingent" And "Unliquidated" Debt

United States Insolvency

DM

Duane Morris LLP

FinCEN Finalizes Corporate Transparency Act Rollback

United States Finance

SM

Sheppard, Mullin, Richter & Hampton LLP

Should Your Small Business Wait for Congress to Raise the Bankruptcy Debt Limit? Here's How to Think About It.

United States Insolvency

JW

Jones Walker

Maryland Supreme Court Clarifies Scope Of Maryland Mortgage Lender Law

United States Finance

MB

Mayer Brown

Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes

United States Insolvency

B

Benesch Friedlander Coplan & Aronoff LLP

Bankruptcy Court Evaluates Trustee's Authority To Sell Avoidance Actions And Right Of Target Defendants To Object

United States Insolvency

JD

Jones Day

Florida Bankruptcy Court Examines Scope Of Discovery In Chapter 15 Cases

United States Insolvency

JD

Jones Day

Fifth Circuit: Bankruptcy Court, Not State Court, Had Jurisdiction To Allow Or Disallow Administrative Expense Claim

United States Insolvency

JD

Jones Day

New York Bankruptcy Court: Premature Allegations Of Creditor Mistreatment Insufficient To Deny Chapter 15 Recognition Of Foreign Restructuring Proceeding

United States Insolvency

JD

Jones Day

Delaware District Court Affirms Chapter 15 Recognition Order Enforcing Nonconsensual Third-Party Releases

United States Insolvency

JD

Jones Day

Escobar At Ten: A Decade Of False Claims Act Confusion

United States Criminal

W

WilmerHale

Fast-Tracked But Not Frictionless: The Expanding Litigation Front Against The Data Center Boom

United States Environment

AP

Arnold & Porter

Trademark Registration In Central America: How To Build A Country-by-Country Filing Strategy

United States IP

HS

Harris Sliwoski

Sanctions Update: August 10, 2026

Worldwide International

SJ

Steptoe LLP

The Week In Weed: July 24, 2026

United States Government

SS

Seyfarth Shaw LLP

U.S. Supreme Court Bankruptcy Roundup In Brief

The U.S. Supreme Court has unanimously reversed a Fifth Circuit ruling on judicial estoppel in bankruptcy cases, rejecting the circuit's rigid approach that automatically barred debtors from pursuing undisclosed claims based solely on knowledge and potential motive.

United States Insolvency

JD

Jones Day

Business Restructuring Review Vol. 25 No. 4 July-August 2026

The U.S. Bankruptcy Court for the Southern District of New York examined whether an involuntary Chapter 11 petition filed by noteholders against a Chinese property development holding company should be dismissed in favor of a parallel Cayman Islands restructuring proceeding.

United States Insolvency

JD

Jones Day

TMA Chicago/Midwest Podcast Hosted By Paul Musser | Bernardo Silva On Navigating Distress In Wine And Spirits And Driving Durable Value (Podcast)

Teneo Senior Managing Director Bernardo Silva joins Katten's Paul Musser to explore the unprecedented distress gripping the wine and spirits industry following a pandemic-induced boom.

United States Insolvency

KM

Katten Muchin Rosenman LLP

Navigating Distress In Wine And Spirits And Driving Durable Value: A Conversation With Bernardo Silva (Podcast)

Teneo Senior Managing Director Bernardo Silva discusses the unprecedented distress reshaping the wine and spirits industry, from pandemic-fueled overinvestment to structural consumer shifts including the "sober-curious" generation, cannabis legalization, and GLP-1 adoption. He shares insights on navigating inventory gluts, weak balance sheets, and the unique challenges of an industry where products age for years before reaching market.

United States Finance

KM

Katten Muchin Rosenman LLP

In Chester Chapter 9 Decision, Third Circuit Provides Guidance On Bankruptcy Treatment Of Municipal Revenue Bonds

United States Insolvency

HL

Hogan Lovells Cadwalader

To Bring A Secured Claim, You Must Own The Secured Claim

United States Insolvency

Aa

Adams and Reese

Ninth Circuit BAP Holds That California Partnership Law Yields To The Bankruptcy Code On Management Rights, Rendering Void Attempts To Strip Estate Of Rights

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

Serta Simmons Bedding: The Fifth Circuit’s Uptier Decision And The Landmark Damages Ruling On Remand

United States Finance

MB

Mayer Brown

Serta Bankruptcy Court Holds Debt Exchange Was A “Payment,” Awards Excluded Lenders Significant Damages For Breach Of Pro Rata Sharing Provision

United States Insolvency

HL

Hogan Lovells Cadwalader

California Supreme Court Raises The Bar On Blanket Challenges Against Judges

United States Litigation

D

Dechert

Avoiding A California Nonjudicial Residential Foreclosure – § 2924mFinality, Perfection, And Lien Avoidance Under § 522(f)

United States Insolvency

CC

Cox, Castle & Nicholson

Debt Derailment

United States Insolvency

CS

Cole Schotz P.C.

FDIC, NCUA, And OCC Issue Guidance On Lending To Individuals Not Authorized To Work In The US

United States Finance

GP

Goodwin Procter LLP

States And Former FDIC Officials Back Colorado In DIDMCA Rate-Exportation Appeal

United States Finance

SM

Sheppard, Mullin, Richter & Hampton LLP

Avoiding A California Nonjudicial Residential Foreclosure – § 2924mFinality, Perfection, And Lien Avoidance Under § 522(f)

California practitioners navigating residential foreclosures should take note of a significant new decision from the Ninth Circuit Bankruptcy Appellate Panel.

United States Insolvency

CC

Cox, Castle & Nicholson

Debt Derailment

Brightline's ambitious expansion to Orlando promised a new era of transportation, but nearly three years later, the intercity rail service faces mounting financial pressures as ridership falls short...

United States Insolvency

CS

Cole Schotz P.C.

FDIC, NCUA, And OCC Issue Guidance On Lending To Individuals Not Authorized To Work In The US

Federal banking regulators issue new guidance on lending to non-work authorized borrowers and handling highly sensitive information during examinations, while the FDIC proposes reporting forms for payment stablecoin issuers and New York establishes a comprehensive regulatory framework for stablecoins. Two bank failures in Indiana and Kansas result in FDIC receiverships with estimated costs totaling $6.9 million to the Deposit Insurance Fund.

United States Finance

GP

Goodwin Procter LLP

States And Former FDIC Officials Back Colorado In DIDMCA Rate-Exportation Appeal

On July 13 and July 15, a coalition of 11 states and the District of Columbia, followed by two former FDIC Board members, filed amicus briefs supporting Colorado in the en banc proceedings...

United States Finance

SM

Sheppard, Mullin, Richter & Hampton LLP

B.A.P. Applies Automatic Stay To Non-debtor To Protect Estate Claims

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

US-UK Digital And Capital Markets Taskforce Makes 'Great Start'

Cross-border stablecoin regulation faces significant challenges as jurisdictions like the US and EU develop incompatible frameworks for reserves and insolvency treatment. Matthew Bisanz of Mayer Brown examines the complexities of creating a seamless international system when each country insists on holding reserves domestically, and explores the unresolved questions around customer location in cross-border bankruptcy scenarios.

Worldwide Finance

MB

Mayer Brown

Commercial Tenant Rights When The Landlord Files Bankruptcy

In bankruptcy, if a debtor is the landlord, the debtor has the option to assume the lease, assume and assign the lease, or reject the lease.

United States Real Estate

CT

Cowles & Thompson, PC

Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition

A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.

United States Insolvency

DM

Duane Morris LLP

Houston Bankruptcy Court Holds Participating Lenders Liable For Approximately $400 Million In Serta Uptier LME

A Texas bankruptcy court has ruled that lenders who participated in Serta Simmons Bedding's 2020 uptier transaction violated the credit agreement's pro rata sharing provision...

United States Insolvency

JD

Jones Day

Restructuring Plans: An Emerging Alternative To Chapter 11 For US Companies?

United States Insolvency

KM

Katten Muchin Rosenman LLP

"Tariffs, Turmoil And Tax Refunds: Turning Uncle Sam’s IOU Into Cash In Bankruptcy,"

United States Insolvency

LS

Lowenstein Sandler

The New Jersey Appellate Division Clarifies The Scope Of The UFTA

United States Insolvency

RD

Riker Danzig LLP

Venue In Chapter 11 Cases: What Then, What Now, And What Next?

United States Insolvency

PB

Porzio, Bromberg & Newman

Assignment For The Benefit Of Creditors: An Alternative To Bankruptcy For Distressed Businesses

United States Insolvency

SH

Scarinci Hollenbeck LLC

Restructure THIS! Episode 28 | Retail Bankruptcy, Then And Now, With Lorenzo Marinuzzi (Podcast)

United States Insolvency

SM

Sheppard, Mullin, Richter & Hampton LLP

Passport To Relief: How Distressed U.S. Companies Are Restructuring Abroad

Worldwide Insolvency

LS

Lowenstein Sandler

Delaware’s New ABC Act: A Powerful Tool For Distressed Companies (Video)

United States Insolvency

LS

Lowenstein Sandler

The Creditor’s Playbook For Subchapter v Bankruptcies

United States Insolvency

Aa

Adams and Reese

Wisconsin Act 115 (2025): Admission To Nursing Homes Or CBRFs Without Power Of Attorney For Health Care Or Guardianship

United States Healthcare

RB

Reinhart Boerner Van Deuren s.c.

Pennsylvania Supreme Court Holds Statutory Claim Bar Defeats Veil-Piercing Claims

United States Commercial

BT

Barnes & Thornburg LLP

Registered Offering Reform - The SEC’s Proposed Changes To Securities Act Registration Form Eligibility, Pre- And Post-offering Communications And Other Matters

United States Commercial

KL

Herbert Smith Freehills Kramer LLP

401(k) And Pension Plan Obligations In Bankruptcy: Key Considerations For Bankruptcy Trustees

United States Insolvency

DL

Davis+Gilbert LLP

Del Monte Bankruptcy Court Dismisses Breach Claim Over DIP Roll-Up, But Allows Future Pro Rata Sharing Claim To Proceed

United States Insolvency

HL

Hogan Lovells Cadwalader

Massachusetts Bankruptcy Court Denies Chapter 15 Recognition Of Russian Involuntary Bankruptcy Imposed On Individual Debtor

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

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Latest Videos

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Ten Minute Interview: Protective Trusts (Video)

FL

Foley & Lardner

Referral Networks, Market Uncertainty And "Pipeline To Prosperity": A Conversation With TMA Chicago/Midwest Chapter President Sandy Prabhakar (Podcast)

KM

Katten Muchin Rosenman LLP

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

BS

Ballard Spahr LLP

Litigating With Laser Focus (Video)

AP

Arnold & Porter

The Class Action Weekly Wire – Episode 94: Key Trends In Products Liability & Mass Torts Class Actions (Video)

DM

Duane Morris LLP

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