United States: Insolvency/Bankruptcy

When a company enters bankruptcy, its accumulated internal records—email, chat, source code, HR files, and operational logs—can become the most valuable asset, particularly for AI developers seeking training data. This emerging trend raises critical questions about privacy protections, employee data rights, and what happens to sensitive corporate information when there is no company left to keep the promises it made.

Lowenstein lawyers and business services professionals discuss the firm's comprehensive pro bono program, demonstrating how attorneys across all practice areas—from white collar defense to real estate—contribute to matters serving individuals, nonprofits, and communities. The video explores how pro bono work provides meaningful opportunities for client interaction, hands-on responsibility, and professional development while receiving the same attention as billable client matters.

Lowenstein Sandler partners discuss the critical intersection of executive compensation and bankruptcy law, exploring when companies should transition to distressed compensation planning...

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.

Once a debtor files a bankruptcy petition, the stay kicks in and collection activity must grind to a halt to avoid exposing the creditor to liability. While the automatic stay prohibits creditors from attempting to collect on a debt, the stay does not eliminate the need to communicate altogether.

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.

In the latest episode of the TMA Chicago/Midwest Podcast, Katten Restructuring Partner Paul Musser interviews TMA CEO Christine Melendes about her diverse career path in association management, her early priorities since joining TMA in March, and her strategic vision for the organization's future. Their conversation explores the value of chapter involvement, the power of TMA's global network, and practical strategies for maximizing conference attendance and volunteer opportunities.

On August 4, 2026, Chief Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York issued an opinion vacating the confirmation order in Voyager Digital Holdings...