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:
Consider writing about:
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:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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.
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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.
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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
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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:
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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
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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.
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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.
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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
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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.
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:
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
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A decision by satirical news operation The Onion to buy conspiracy theorist Alex Jones’ Infowars website at a bankruptcy auction; The Onion’s objective in buying the Infowars site; precedent for an effort like The Onion’s; how bankruptcy auctions work; concerns being raised by either a competing bidder or the bankruptcy judge in this case; issues to be explored at an upcoming hearing into the matter; what other entities or individuals may be able to learn from the latest twist in the Jones bankruptcy saga vis a vis their own involvement with the U.S. bankruptcy system and how best to navigate it.
Related information:
https://apnews.com/article/onion-buys-infowars-alex-jones-6496f198d141c991087dcd937b3588e9
https://www.npr.org/2024/11/14/nx-s1-5191781/how-the-onion-came-to-own-the-website-infowars
Consider writing about:
The debt restructuring process (in the case of either a corporate or individual debt restructuring); when this process is commonly undertaken; benefits of a debt restructuring; what it typically involves; do’s and don’ts to keep in mind when contemplating or undertaking a debt restructuring; any noteworthy case studies that can help illustrate these points.
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How a bankruptcy affects commercial tenants’ obligations to their landlords; circumstances under which someone may be able to defer or otherwise mitigate rental payments or other obligations; options that a landlord may have available when faced with a tenant’s bankruptcy; instructive court rulings on these issues; additional guidance on contracts, communications, and legal risk.
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Factors to weigh when deciding whether or not to buy a company that’s in bankruptcy; due diligence steps to be undertaken; asset and financing matters; union contract matters to consider; other obligations, liabilities, or red flags to watch out for. Decide whether to create a universal list of do’s and don’ts for these types of purchasing decisions or a do’s and don’ts list tailored to a specific industry or region.
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The bankruptcy reorganization process; top requirements or key elements in a restructuring and reorganization plan; guidance on how to maximize the odds of getting approval of a reorganization plan with a minimum of problems. Alternatively or additionally, consider whether to examine a real-life cautionary tale as an illustration of what not to do.
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A checklist for the bankruptcy process, consisting of five or more steps, tips, or processes that someone should be aware of and should consider following at some phase of the bankruptcy process, either when deciding whether to declare bankruptcy, or during or after the process. You may choose to make your checklist reasonably universal in nature or, alternatively, whether to focus your presentation on a specific type of personal or business bankruptcy.
Consider writing about:
What last week’s ruling by a federal bankruptcy judge means for a Johnson & Johnson subsidiary and litigation over the company’s talc-based products; basis for U.S. Bankruptcy Judge Christopher Lopez’s ruling; potential next steps on the road to a settlement of cancer claims involving Johnson & Johnson consumer products.
Related information:
Consider writing about:
The status of electric-vehicle startup Fisker Inc.; why the U.S. Securities and Exchange Commission is objecting to Fisker’s liquidation plan; outlook for additional SEC action involving Fisker; related trends in the electric vehicle sector; guidance for other companies (regardless of industry) on crafting a successful liquidation plan, responding to SEC subpoenas in relation to a bankruptcy, and on other interactions with regulators.
Related information:
https://techcrunch.com/2024/10/04/fisker-faces-sec-investigation-as-bankruptcy-case-drags-on
Consider writing about:
A court’s approval of FTX’s bankruptcy plan; what the bankruptcy judge’s action means for the crypto exchange’s customers and other individuals or entities; how this outcome compares to the results of other crypto companies’ bankruptcies.
Related information: