Bankruptcy Trending Topics

To help with your writing efforts, here’s what people are looking for in Bankruptcy Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Bankruptcy Refresher Amid Reports of a Possible Surge on the Horizon 

Consider writing about:

Personal bankruptcy trends and practical guidance. Amid news reports regarding a marked increase in the number of Americans considering bankruptcy, consider writing about available bankruptcy options for individuals; when a bankruptcy should be considered; key steps in a bankruptcy; potential misconceptions about how bankruptcy works and what a bankruptcy resolves or does not resolve; and common pitfalls to look out for.

Related information:

https://www.cbsnews.com/news/chapter-7-bankuptcy-file-consumer-debt

Takeaways From Rite Aid’s Latest Bankruptcy Filing 

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Rite Aid’s decision to refile for bankruptcy less than a year after emerging from Chapter 11; practical takeaways from Rite Aid’s situation; related trends involving the retail pharmacy sector; why some drugstore chains are struggling; potential lessons for other retailers (regardless of industry).

Related information:

https://www.usatoday.com/story/money/2025/05/06/rite-aid-bankruptcy-closing-stores/83473774007

When Others’ Bankruptcies Become Your Problem 

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Issues that arise when a business’s customers or suppliers go bankrupt; common signs that a person or entity with whom you have a key business relationship is in financial distress and may be on the verge of bankruptcy; debtor obligations and creditor rights in these types of situations; options and strategies for maintaining inventory or securing payment from customers during times of economic hardship.

Third Time’s Not the Charm for J&J 

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A bankruptcy judge’s recent rejection of Johnson & Johnson’s third attempt to use Chapter 11 to resolve consumer allegations that its talc products caused cancer; basis for the decision by the U.S. District Court for the Southern District of Texas; alternative options for J&J at this point; and perhaps a related wider-angle look at trends involving talc-related litigation and any related bankruptcy filings.

Related information:

https://apnews.com/article/johnson-talc-red-river-bankruptcy-tort-92635cde7709ede6712a6a56b1342ee2

Implications of SDNY’s Mega Newco Ruling 

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A Feb. 24 ruling by the U.S. Bankruptcy Court for the Southern District of New York in In re Mega Newco Limited; significance of the court’s approval of the Mexican lending company’s foreign restructuring; related trends involving cross-border bankruptcy cases; practical guidance for other companies that may be contemplating a Chapter 15 bankruptcy.

Related information:

https://www.nysb.uscourts.gov/content/re-24-12031-mew-mega-newco-limited-and-ignacio-javier-gonzalez-delgadillo

Automatic Stays Under the U.S. Bankruptcy Code: How They Work [Ongoing] 

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Automatic stays under the U.S. Bankruptcy Code; types of bankruptcy to which a stay may apply; how a stay is intended to work; exceptions to the stay’s effect; what else a party to a bankruptcy should know about protections and limitations under an automatic stay.

IP Issues, Opportunities That May Occur With a Bankruptcy [Ongoing] 

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Intellectual property considerations that can arise in connection with a bankruptcy; IP-related issues a business owner should address prior to filing for bankruptcy; key processes, rights, or related options to know about; how the treatment of IP rights can vary according to the type of bankruptcy undertaken; insights from either a filer’s or a creditor’s perspective on protecting or claiming assets; business opportunities for other parties looking to leverage the intellectual property of a business that has undergone a bankruptcy.

Chapter 15 Bankruptcy Trends Worth Knowing About 

Consider writing about:

Chapter 15 bankruptcy trends; how standards and obligations in these types of bankruptcies compare to those in other types of bankruptcies; recent or otherwise noteworthy rulings in Chapter 15-related cases; common pitfalls (for parties on either side) in a Chapter 15 bankruptcy.

Where Do Unsecured Creditors Fit Into a Bankruptcy? [Ongoing] 

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The definition of an unsecured creditor; what part an unsecured creditor may play in a bankruptcy; how unsecured claims are treated under various types of bankruptcy proceedings; related guidance for either creditors or debtors.

23andMe Files for Bankruptcy: What to Know 

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The bankruptcy filing by biotech company 23andMe; what the DNA testing company’s Chapter 11 filing means for customers’ genetic data; what customers should know regarding their privacy rights or protections and regarding 23andMe’s data privacy obligations (and whether, and how, 23andMe customers should delete their data); on a related note, what a successor company should know about potential liability risks involving data collected by 23andMe.

Related information:

https://abcnews.go.com/Business/23andme-filed-bankruptcy-happen-users-genetic-data/story?id=120090459

Forever 21 Makes Another Stop at the Bankruptcy Rack 

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Forever 21’s latest bankruptcy filing; factors that may have contributed to the bankruptcy; how the company’s latest bankruptcy filing (and underlying business outlook) compares to the company’s prior filing; key trends, challenges, or opportunities these days among fast-fashion companies, whether based in the United States or elsewhere; possible lessons to be learned from Forever 21’s new bankruptcy filing.

Related information:

https://www.cnbc.com/2025/03/17/forever-21-files-for-second-bankruptcy-blames-shein-and-temu.html

When Is a Prepackaged Reorganization Plan a Good Option? 

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Prepackaged reorganization plans; defining characteristics of this type of plan; relative pros and cons of a prepackaged reorganization plan; what else a business should keep in mind before embarking on this type of plan; alternative strategies to consider.

Run for the Border: Bankruptcy Options to Consider [Ongoing] 

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How U.S. bankruptcy law (or bankruptcy laws in another country of your choice) may apply to foreign companies; what factors determine which country’s bankruptcy laws, rights, and protections apply in a given instance; when it makes sense for a company to seek recognition from a court in another country as part of a restructuring or bankruptcy process; related legal trends and additional guidance.

Creditor Options in the Case of Fraud by a Debtor [Ongoing] 

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Fraud or other misconduct on the part of a debtor in a bankruptcy dispute; commonly seen examples of such behaviors; options that creditors who suspect debtor misconduct may be able to pursue, either on their own or with the help of outside parties; potential forms of relief for creditors and penalties for debtors found to have committed bankruptcy fraud.

How to Mess Up a Bankruptcy [Ongoing] 

Consider writing about:

The top five (or more) ways that a company or individual can screw up their chances of completing a well-planned bankruptcy. Draw on real or hypothetical cases as desired, and feel free to use either a serious or light tone to get your message across.

What Creditors Should Know About Non-Dischargeable Debts [Ongoing] 

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Debts owed to creditors in connection with a bankruptcy; what types of debts cannot be discharged under federal bankruptcy law; protections available to creditors; what creditors need to know to make use of those protections.

How to Navigate Bonus and Compensation Issues as Part of a Bankruptcy 

Consider writing about:

How company bonus payouts may become a troublesome issue in bankruptcies; potential limitations on, or impediments to, bonus payments in the bankruptcy context; when bonus payments are more likely to become the target of scrutiny by investors, labor unions, trustees, courts, or others; instructive examples of bankruptcies where bonus plans have met with resistance; what companies should know about structuring and disclosing plans for executive bonuses; additional guidance on how companies undergoing bankruptcy can avoid legal fallout over their compensation plans.

When Is a Subchapter V Bankruptcy a Logical Option? [Ongoing] 

Consider writing about:

Subchapter V bankruptcies; how they compare to Chapter 11 bankruptcies; whom Subchapter V bankruptcies are best suited for; potential pros and cons of this bankruptcy option; what else a business should know before embarking on a reorganization within the Subchapter V framework.

What Lessons Does Container Store Bankruptcy Hold for Other Companies? 

Consider writing about:

The Container Store’s bankruptcy filing, and lessons it may offer for other companies that may be undergoing or contemplating restructuring; what to know about challenges by the U.S. Department of Justice and the U.S. Securities and Exchange Commission, and how those challenges fared before a federal bankruptcy judge; related bankruptcy trends or retail sector trends.

Related information:

https://finance.yahoo.com/news/container-store-cleared-exit-bankruptcy-202246566.html

Bankruptcy Disclosure Statements: Pointers and Potential Pitfalls [Ongoing] 

Consider writing about:

Disclosure statements in bankruptcies; what to know about the creation and filing of disclosure statements and plan information; filing obligations that arise in a given type of bankruptcy; related issues involving objections to, or approval of, a disclosure statement; common pitfalls associated with disclosure statements, and how to avoid them.

Bankruptcy Issues in the Franchising Context 

Consider writing about:

Bankruptcy issues pertaining to a franchisee-franchisor relationship; obligations, rights, and potential liability risks that may arise on one or both sides of the relationship, depending on which side declares bankruptcy and how the bankruptcy process unfolds; related best practices; any useful takeaways from bankruptcy rulings involving franchisees or franchisors.

Lessons From Bankrupt Trucking Company’s Navigation of WARN Act Issues 

Consider writing about:

WARN Act headaches that have arisen for Yellow Corp. in connection with the trucking company’s bankruptcy; what a bankruptcy judge’s recent memorandum opinion demonstrates regarding company responsibilities under the Worker Adjustment and Retraining Notification Act, grounds for exceptions to WARN Act obligations, and potential compliance pitfalls; issues still to be resolved at trial in the Yellow Corp. case.

Related information:

https://finance.yahoo.com/news/yellow-warn-notices-laid-off-191750634.html

Bankruptcy Court OKs Diocese’s Sex Abuse Settlement 

Consider writing about:

A New York bankruptcy court’s recent approval of a Roman Catholic diocese’s settlement in a sex abuse case; what stands out to you about this settlement and the bankruptcy court ruling, whether in comparison to similar cases, or due to complications that have arisen in the wake of the U.S. Supreme Court’s Purdue Pharma ruling, or otherwise; whether the November ruling involving the Roman Catholic Diocese of Rockville Centre could provide instructive guidance for parties in other cases regarding the use of nonconsensual third-party releases.

Related information:

https://www.reuters.com/legal/litigation/judge-approves-new-york-catholic-dioceses-320-mln-sex-abuse-deal-2024-12-04

Developments Involving Uptier Transactions 

Consider writing about:

Noteworthy rulings involving uptier transactions; what to know about these sorts of transactions, why they are utilized, and who stands to gain or lose from them; how courts have treated uptier transactions; practical takeaways from rulings of interest.

Related information:

https://www.ca5.uscourts.gov/opinions/pub/23/23-20450-CV0.pdf

U.S. Supreme Court Hears Arguments in Bankruptcy Clawback Case 

Consider writing about:

Dec. 2nd oral arguments before the U.S. Supreme Court in United States v. Miller; what to know about the dispute at hand, and key issues in the case involving sovereign immunity, clawback actions, creditor rights, and the Internal Revenue Service’s powers vs. those held by bankruptcy trustees; what interested parties should be watching for from the high court in this case.

Bankruptcy Highlights of 2024: State Your Case 

Consider writing about:

Your choice of three or more noteworthy developments in bankruptcy law from 2024. Take your pick of trends, verdicts, strategies, or other points, whether on a broad basis or focused on a particular industry or region, and explain why you consider them to be of significance.

Bankruptcy Court OKs Use of NFTs for Serving Summons 

Consider writing about:

A recent action by a New York bankruptcy court, authorizing the use of non-fungible tokens to conduct service on defendants; how this method of service is carried out; how unusual this method of service may be, whether in bankruptcy cases specifically or more broadly speaking; benefits and potential drawbacks to using NFTs for this purpose.

Related information:

https://www.nysb.uscourts.gov/sites/default/files/opinions/324738_24_opinion.pdf

Nondebtor Release Prohibition Act of 2024 Re-Introduced in Congress 

Consider writing about:

Legislation reintroduced in Congress this week that could impact access to Chapter 11 protections; what to know about the Nondebtor Release Prohibition Act of 2024, its main intent, background, prospects for passage, and whom it would most affect and how.

Takeaways From Oral Arguments in U.S. Supreme Court Case 

Consider writing about:

The U.S. Supreme Court case of United States v. Miller; the case’s implications for bankruptcy trustees’ powers, creditor and debtor options and obligations, and for bankruptcy proceedings overall; additional issues raised by the Miller case regarding sovereign immunity; key takeaways from the Dec. 2 oral arguments before the high court.

Related information:

https://news.bloomberglaw.com/bankruptcy-law/supreme-court-urged-to-back-irs-in-bankruptcy-trustee-battle

Stoli Group Files for Bankruptcy: What to Know 

Consider writing about:

The bankruptcy filing by Stoli Group USA; events contributing to the company’s bankruptcy; what other companies (regardless of industry) may be able to learn from Stoli’s situation as regards their own risk profiles and potential mitigation strategies; and perhaps a look at the overall financial health of the alcoholic beverage industry as a whole, and challenges that the industry is facing.

Related information:

https://www.usatoday.com/story/money/2024/12/02/stoli-group-vodka-bankruptcy/76712052007

https://www.techradar.com/pro/security/top-vodka-brand-stoli-files-for-bankruptcy-following-ransomware-attack