Health Care

Reshaping America: Examining the Recent Wave of Hospital and Retail Bankruptcies

When the Mission Isn’t Enough: How Nonprofit Health Care Organizations Drift Toward Insolvency, and the Warning Signs Hiding in Plain Sight

June 2025

Dead Ends and Detours: When the Best-Laid Plans Collapse

How Do Courts Analyze Whether Senior Living, Other Health Care Facilities Qualify as Residential vs. Nonresidential Real Estate for Purposes of § 365(d), and Is There a Trend?

Section 365(d) of the Bankruptcy Code draws a clear distinction between residential and nonresidential leases, and those distinctions can impact a debtor’s rights.

Hometown Cramdown: Effective Partnerships Between Local and National Counsel

In 2024, the issues of forum-selection and venue reform were again at the forefront of nationwide discussions about bankruptcy. Regardless of one’s views on the topics, forum considerations must be at the top of the pre-bankruptcy planning list for debtor’s counsel in a large chapter 11 filing. There are fewer available forums in health care cases, however, because of the often-limited geographic scope and localized practice of health care companies such as community hospitals, nursing facilities and physician groups.

Finding the Cure: Assessing the Ills Affecting the Health Care Industry