Bankruptcy Mediation

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism—a sale under Section 363 of the United States Bankruptcy Code. Understanding how Section 363 sales work can help business owners, lenders, investors, and prospective purchasers identify opportunities and avoid costly surprises in bankruptcy asset transactions.

The 2025 restructuring of the Ardagh Group S.A. (Ardagh or the company) capital structure unleashed one of the most controversial—and ultimately consequential—“Restructuring” credit event determination processes...

MPM Silicones, LLC filed for chapter 11 bankruptcy protection, and soon after filed a prearranged plan of reorganization and obtained commitments for two exit financing facilities.

Riveron's Q2 2026 Restructuring & Turnaround brief examines how companies across multiple industries are navigating elevated financial distress amid tighter credit conditions, rising debt maturities, and persistent operational pressures. The analysis explores sector-specific challenges from aerospace to retail, highlighting how management teams and lenders are addressing liquidity constraints and restructuring risks in an increasingly selective credit environment.

Cole Schotz attorney Michael Sirota received an urgent early-morning call to file nearly 200 bankruptcy cases within 24 hours after the Shabseles brothers' real estate empire and summer camp network unexpectedly collapsed. With 20,000 children about to board buses for summer camp, the legal team faced the challenge of restructuring a complex web of entities while ensuring the camps could open on schedule.

Section 363 sales have become a routine feature of commercial bankruptcy cases, often determining recovery for secured creditors before a reorganization plan is even filed. Understanding the mechanics of credit bidding, adequate protection rights, and bid procedure negotiations can mean the difference between maximizing recovery and watching collateral sold under unfavorable terms.

In asset-backed lending, the strength of the secured lender's position is only as reliable as the collateral securing it and the lender's ability to realize upon that collateral in the event of borrower distress.

In In re Nussbaum Lowinger LLP, the Bankruptcy Court for the Southern District of New York (the Court) dismissed Chapter 11 bankruptcy cases commenced by two law firms and did so in favor of their assignment for the benefit of creditors proceeding already pending in New York state court. This decision provides useful guidance for creditors, assignees, and debtors evaluating whether to move from a state law assignment for the benefit of creditors to a federal bankruptcy case.

The Southern District of New York Bankruptcy Court's written decision in 1300 Desert Willow expands upon the Mako framework, clarifying when debtors can challenge an oversecured creditor's entitlement to post-petition default interest at contractual rates. The ruling narrows the application of the "fresh start" factor in single-asset real estate cases and addresses whether Section 506(b)'s reasonableness requirement applies to prepetition claim components, providing critical guidance for bankruptcy practiti

A Delaware bankruptcy court ruling clarifies that trustees can pursue subsequent transferees in fraudulent transfer cases without naming the initial transferee as a defendant, though they must still prove and avoid the initial transfer. This decision provides critical guidance for vendors and creditors who may face clawback exposure even when the original wrongdoer isn't sued directly.

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

The Federal Trade Commission (FTC) just published its Health Products Compliance Guidance ("Guidance"), which it issued to replace an advertising guide from 1998 focused on dietary supplements.

Fox Rothschild was among three first-time entrants into the Am Law 100 this year, jumping up 10 spots from a year ago.

Earlier today, the Department of Justice announced that construction conglomerate Odebrecht SA and its affiliate Braskem SA have pleaded guilty to their maintenance of an elaborate bribery scheme...

A new law signed by Governor Newsom, AB 1609, requires large private businesses to disclose when the customer service agent they are using is an AI bot and provide customers with timely access to quality customer service.

Christopher J. Pippett was featured in the Credit Union Times article, "Feds Uncover New Details in CFO Embezzlement."

Beginning January 1, 2027, consumers will be able to request deletion of covered personal information that a business collected “from or about” them. This is a significant expansion from the current CCPA language that only applies to information collected “from” the consumer. This may include appended contact information, demographic data, marketing segments, identity-resolution data and other information used to enrich a consumer profile.

Mossack Fonseca. Before April 2016, most of us had never even heard of a Panamanian law firm by that name.

As discussed in this space in past posts, our federal Fair Housing Act (FHA) contains a handful of exceptions, the most famous of which is the "Mrs. Murphy Exemption."

California likes to promote employee mobility and last year took steps to prevent “stay or pay” provisions in the employment context. Accordingly, AB 692 prohibited certain contracts that required a worker to repay an employer when the employment relationship or work ended.