MCG Preference Actions Update

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.

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.

Between 2023-25, venture capital funding for artificial-intelligence (AI) companies surged wellinto the billions.

The U.S. alcohol industry, long regarded as recession-resistant and reliably profitable, is confronting an unprecedented convergence of headwinds. Tariffs, declining demand, rising interest rates, and novel competitive threats are pressuring businesses across the three-tier system.

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 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...

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.

A U.S. bankruptcy court has recognized bar date orders from a Canadian asbestos restructuring proceeding, marking a significant development in cross-border mass tort resolution. The decision explores whether foreign insolvency proceedings can enforce claims deadlines on U.S. claimants when such procedures differ from domestic bankruptcy practice.

On June 27, the U.S. Supreme Court announced a 5-4 decision rejecting the nonconsensual releases of the Sackler family in the Purdue Pharma bankruptcy case. The split is an interesting alignment of

Moore & Van Allen attorney Reginald Sainvil examines the governance challenges and litigation risks that emerge when control of financially distressed companies shifts at the board level through "board flips."

Oya Renewables, a Boston and Toronto-based solar infrastructure developer founded in 2009, has initiated Chapter 11 bankruptcy proceedings in Delaware.

When a special purpose acquisition company burns through capital pursuing a failed deal, it often emerges from the wreckage with nothing but litigation claims. How, then, should a debtor with no operational revenue...

The Delaware Court of Chancery issued fees in the amount of $200,000 in a civil case for violation of Delaware’s Misuse of Computer System Information Act.

The U.S. Bankruptcy Court for the Southern District of New York recently rejected arguments that a foreign debtor's incorporation outside the United States and concurrent...

On December 2, 2016, Limitless Mobile, LLC ("Limitless" or the "Debtor") filed a chapter 11 voluntary petition in the United States Bankruptcy Court for the District of Delaware.

Vice Chancellor Rennie’s memorandum opinion (by designation) in Shareholder Representative Services LLC v. Astellas Pharma Inc., C.A. No. 2023-0952-SKR (Del. Ch. Mar. 31, 2026) serves...

A Memorandum Opinion issued by Vice Chancellor Lori W. Will on March 17, 2026 in Armaments Research Company, Inc. v. William O'Neil, C.A. No. 2025-0944-LWW (Del. Ch. Mar. 17, 2026)...

Does an individual who received a void issuance of stock from a Delaware corporation have standing to bring a books and records action under Section 220 of the Delaware General Corporation Law.

In a decision emphasizing the finality of confirmed Chapter 11 plans, the United States Bankruptcy Court for the District of Delaware denied a motion by Virgin Orbit equity holders...

When will your company’s Section 503(b)(9) claim be paid? Section 503(b)(9) claims are paid when the debtor makes a final distribution to creditors.