Bankruptcy

PG&E

PG&E Faces Fears of $18 Billion in Damages

October 02 2019| News| | By Okin Adams

Many circumstances can factor into the need for a bankruptcy filing, and they frequently include potential liabilities that threaten the continued existence of a business enterprise. This threat looms large for PG&E, as it is facing claims for billions of dollars in damages in connection with multiple wildfires in California in 2017 and 2018.

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Retailpocalypse

Retailpocalypse Claims Popular Subscription Box Service Loot Crate

August 29 2019| News| | By Okin Adams

Over the past several years, the retail industry has watched as well-known members such as Sears, Mattress Firm, and Toys-R-Us have shuttered large numbers of stores or completely disappeared in what has come to be dubbed the “retailpocalypse.” Often, perhaps incorrectly, explained as the impact of growing on-line retail options upon traditional retailers, this downturn has previously appeared constrained to retailers with a significant brick-and-mortar footprint. The recent filing of on-line subscription box service, Loot Crate, Inc., may challenge such notions.

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Court of Appeals Opinion

A Recent Fifth Circuit Court of Appeals Opinion Provides Insight for Practitioners on Bankruptcy Claims

August 26 2019| News| | By Okin Adams

The law of pleading standards can be highly nuanced. For practitioners bringing or defending claims of fraudulent transfer, preference, equitable subordination, negligent misrepresentation, or breach of fiduciary duty, the Fifth Circuit’s recent decision in the Life Partners bankruptcy saga is a must-read. Writing for the panel of three judges, Judge Jennifer Walker Elrod lays out in detail in Life Partners Creditors’ Trust v. Cowley the standards for pleading several types of claims that are familiar to all bankruptcy litigators.

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Luxury Theater

Luxury Theater Chain iPic Files For Bankruptcy Protection

August 19 2019| News| | By Okin Adams

It seems news of retailers filing for bankruptcy protection is becoming quite common. Until recently, the growing popularity of online sales or a newer, more in-demand product hitting the shelves caused once-popular mega-chains or smaller brick-and-mortar storefronts to make the decision to close their doors. Now it appears that higher-end luxury retailers and “experience” providers…

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Brick and Mortar Stores Struggling To Compete With Online Market

Brick and Mortar Stores Struggling To Compete With Online Market

June 26 2019| News| | By Okin Adams

For those involved in the retail industry, talk of bankruptcy has been fairly prevalent in recent months. In fact, according to Coresight Research, in 2019 alone at least seven major retailers have filed for chapter 11 bankruptcy protection. While the impacts of and reasoning for these filings often vary, the struggle for many brick and mortar storefronts to compete with online competitors is apparent.

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