Unsecured Trade Creditors

The Illusion of Advocacy: Creditor Committees and Divergent Interests in Complex Chapter 11 Cases

July 2025

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

Comparable Companies: If It Ain’t Broke, Don’t Fix It

July 2025

Valuation in Chapter 11 Cases and Out-of-Court Restructurings: Strategies and Emerging Trends

U.S. Supreme Court: Debtors’ Insurance Company Has Standing to Be Heard in Chapter 11 Proceeding

The U.S. Supreme Court held last week in Truck Insurance Exchange v. Kaiser Gypsum Co. that an insurance company with financial responsibility for bankruptcy claims is a “party in interest” with the right to object to a chapter 11 reorganization plan. Section 1109(b) of the Bankruptcy Code provides:

U.S. Restructuring Outlook: Third-Party Litigation Financing

In the past decade, third-party litigation financing (TPLF) — an arrangement where a nonparty funder provides financing for the prosecution of a lawsuit in exchange for an interest in the potential recoveries — has become increasingly accessible in the U.S. In the bankruptcy context, where a debtor’s estate may otherwise have limited resources to pursue valuable causes of action, the availability of TPLF provides restructuring professionals with a key tool to improve litigation outcomes and maximize the value of estate assets in the face of liquidity constraints.

Common Valuation Errors: The DCF Methodology

Nov 2024

Bad Moon Rising? Purdue and the Future of Nonstatutory Bankruptcy Doctrines

Nov 2024

Pier 1: Do Claims Agents Make Neglect Less Excusable?

June 2024

Bankruptcy Court Grants Creditors Standing to Pursue Claims Against Delaware LLC Directors and Officers

Recently, in In re Pack Liquidating LLC,[1] Hon. Craig T. Goldblatt of the U.S. Bankruptcy Court for the District of Delaware granted derivative standing to the official committee of unsecured creditors to pursue breach-of-fiduciary-duty claims against the company’s founders on behalf of the debtors’ estates.