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Bankruptcy

  • The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

    April 30, 2026Andrew C. Kassner and Joseph N. Argentina Jr.
  • The QVC Group Inc. faces numerous financial challenges in coming months. It has seen ongoing decreases in revenue across all major segments and sharp drops in operating income. It is also heavily leveraged, with significant debt maturities later this year. Does the QVC saga signify some larger trend among legacy retain and media brands?

    April 30, 2026Mark Sherrill
  • A sampling of daily headlines is apparently driven by law firms eager to attract lateral partners, to recruit young lawyers, and to please current partners. One wag also recently described this public bragging as a “sedative” to quiet troublesome partners. Does the profession want or even need this kind of publicity? The answer should be no.

    April 30, 2026Michael L. Cook
  • The Federal Arbitration Act was enacted to require courts to enforce parties’ agreements to arbitrate disputes. More recently, the Supreme Court has said that “[t]he federal policy is about treating arbitration contacts like all others, not about fostering arbitration.” In bankruptcy cases, a recurring issue that litigants raise is whether a conflict exists between the FAA and the requirements of the U.S. Bankruptcy Code.

    April 30, 2026Daniel A. Lowenthal
  • This article discusses consideration that should be given to guaranties in connection with loan modifications and effective methods for protecting the enforceability of a guaranty in the face of loan modifications.

    March 31, 2026Jeffrey B. Steiner and Scott A. Weinberg and Joel C. Haims
  • If a bankruptcy court agrees with a debtor's argument that master leases are “severable,” then the debtor may reject lower-performing locations and retain the higher-performing locations. If the master lease is properly drafted, this outcome is avoided and, if the lease in its entirety is assumed, the landlord may continue to benefit from risk-spreading across multiple properties.

    March 31, 2026Laura M. Kaplan
  • New Jersey’s enforcement posture, reflected in the Yellowstone action, mirrors bankruptcy courts’ long-standing insistence on examining economic substance over contractual form. Taken together, these developments reflect a broader national reassessment of MCA structures that emphasize repayment certainty while minimizing genuine risk transfer.

    March 31, 2026Jaclynn N. McDonnell and R. Edward Stone III
  • Bankruptcy law boomed at the end of 2025 and is expected to remain strong throughout 2026, but the reasons for the growth in activity are up for debate, with practitioners crediting global politics, COVID-19’s fallout and other factors.

    March 31, 2026Ryan Harroff