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:
Commonly available English restructuring plan options; eligibility criteria; pitfalls to avoid; how the UK restructuring process compares to the bankruptcy process in the United States; jurisdictional, access, and additional issues for U.S. companies that may be interested in availing themselves of UK options; any noteworthy recent cases involving the use of English restructuring plans.
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How to choose between Chapter 7 and Chapter 13 for a personal bankruptcy; types of debt that can or cannot be discharged under each type of bankruptcy filing; pros and cons of liquidating assets vs. consolidating debt; exempt assets under each type of bankruptcy; means tests and debt limits; long-term credit implications; cost and time comparisons between the two forms of bankruptcy.
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The U.S. Bankruptcy Code’s equal treatment rule; the rule’s focus and intent; any recent court actions involving the equal treatment rule; what else parties to a bankruptcy case should know about obligations and rights under the equal treatment rule.
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A June 29 decision by the U.S. District Court for the District of Delaware regarding Yellow Corp.’s WARN Act obligations; key points in the ruling; what this case demonstrates regarding limitations, exemptions, and obligations under the WARN Act as it pertains to corporate bankruptcies.
Related information:
https://www.ded.uscourts.gov/sites/ded/files/opinions/25-307.pdf
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Uptier liability management exercises; what these types of transactions consist of; how they are utilized; risks presented by these types of transactions; related issues for creditors; noteworthy lawsuits or rulings involving uptier liability management exercises.
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Bankruptcy trends in the retail sector. How are retailers (nationally or in the jurisdiction of your choice) doing these days? What trends are you seeing, whether in terms of types of businesses filing for bankruptcy, factors contributing to the bankruptcies, prospects for stronger financial futures, or innovative pivots for these companies? How do current-day retail bankruptcies compare to those of past years? And what are the ramifications for suppliers, customers, creditors, and others?
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Canada’s Companies’ Creditors Arrangement Act; types of proceedings covered by this statute; how the Act compares to Chapter 11 under the U.S. Bankruptcy Code; key obligations, rights, or potential pitfalls or misunderstandings involving the Companies’ Creditors Arrangement Act, whether on the part of financially troubled companies, their creditors, or their employees; any noteworthy recent cases involving the Companies’ Creditors Arrangement Act.
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A bankruptcy judge’s July 7 order pertaining to a 2023 data breach of genetic testing company 23andMe; what the judge’s action means for 23andMe’s parent company and for customers who were affected by the cybersecurity breach; what affected individuals should know about their rights and the potential for financial compensation in this case; any lessons from this case regarding cybersecurity and cyberinsurance; what to know about other claims against 23andMe over the breach.
Related information:
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Fallout from fraud or other misconduct on the part of a debtor in a bankruptcy dispute; past or common 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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Delaware’s adoption of the Uniform Assignment for Benefit of Creditors Act; what to know about the Act’s background, purpose, limitations, and whom it potentially benefits and how; significance of Delaware’s action; related trends involving states’ adoption of the Uniform Assignment for Benefit of Creditors Act; how eligible companies can assess whether the Delaware ABC Act is a good fit for them.
Related information:
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The U.S. Supreme Court’s ruling in Keathley v. Buddy Ayers Construction; case background; key points in the ruling; what the ruling means for disclosure obligations in a bankruptcy case; what else debtors, creditors, or counsel should know about this ruling.
Related information:
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The Chapter 11 filing by biotech company Sangamo Therapeutics; issues leading up to the gene-editing company’s bankruptcy; what to know about an agreement by Eli Lilly and Japanese drugmaker Astellas to act as “stalking horse” bidders; how the “stalking horse” process works in a bankruptcy, and what parties on each side of the agreement should know before agreeing to participate in such an endeavor; and perhaps a wider-angle look at the biotech industry, its overall financial health, competition trends, and challenges facing either the industry as a whole or other specific biotech companies right now.
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Cross-border restructurings; whether they are becoming more common (and if so, why); additional challenges for a business contemplating a cross-border restructuring; how best to prepare for a cross-border restructuring. Consider whether to focus your analysis on specific countries or industry types, or whether to use a specific real-life restructuring to illustrate key do’s and don’ts that companies should keep in mind before or during the cross-border restructuring process.
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Liability managment transactions; what they consist of; what purpose they serve; when they are most apt to be used or attempted; pros and cons of LMTs as compared to other alternatives (with a particular eye toward legal risk).
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Subchapter V bankruptcies; how they compare to traditional Chapter 11 bankruptcies; conditions to which Subchapter V bankruptcies are best suited; what else a business should know before embarking on a reorganization within the Subchapter V framework.
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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 debt restructuring process (in the case of either a corporate or individual debt restructuring); what this process involves and when it is commonly undertaken; potential benefits or downsides of a debt restructuring (from either a debtor or a creditor standpoint); practical guidance on embarking on a debt restructuring.
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Adversary proceedings in the bankruptcy context; matters that can trigger an adversary proceeding; what the adversary process consists; of; how such a proceeding is conducted; common pitfalls to be aware of, and how to navigate them.
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A recent Chapter 15 filing by a cannabis company; what to know about the strategy the Cannabist Co. is using in a bid to access the U.S. bankruptcy system; challenges ahead for Cannabist; what else stands out to you about this bankruptcy filing, both in and of itself and for what it may portend for the overall cannabis industry’s options; alternative scenarios for cannabis-related companies that find themselves shut out of bankruptcy proceedings.
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The closure of Spirit Airlines; factors leading to the budget airline’s bankruptcy filing; related challenges for the aviation industry as a whole; what Spirit’s demise means for its former competitors; how the budget airline sector, and the overall aviation industry, are faring this year; how airlines are responding to the energy crisis created by the U.S-Iran conflict; what airline passengers should know about their rights or options when an airline stops doing business.
Related information:
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Debtor-in-possession financing; what it consists of; when it should (or should not) be used; pros and cons of this financing option when compared to other alternatives; what factors may determine whether or not a DIP loan will obtain the approval of a bankruptcy court; other potential roadblocks to securing DIP financing.
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How executive compensation and/or company bonus payouts may become a troublesome issue in bankruptcies; potential impediments to these types of payments in the bankruptcy context; when these payments are more likely to become the target of scrutiny; related takeaways from real-life bankruptcy cases or other practical guidance on how companies considering bankruptcy can avoid legal fallout over their compensation plans.
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Foreign companies’ ability to access U.S. bankruptcy law protections; advantages to companies of taking that path; conditions that foreign companies need to satisfy before filing for U.S. bankruptcy.
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Corporate bankruptcies in Canada; how they are trending in 2026 so far, both in and of themselves and in comparison to recent years; key factors fueling recent bankruptcy filings in Canada; specific sectors that are seeing the most bankruptcies; what newcomers to the bankruptcy process should know about navigating bankruptcy system processes and common pitfalls, as well as possible alternatives to the bankruptcy process.
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Disclosure statements in bankruptcies; what debtors or creditors need to know about the creation, filing, and/or review of disclosure statements and related plan information; filing obligations that arise in a given type of bankruptcy; key issues involving the process for making objections to, or securing court approval of, a disclosure statement; potential repercussions for producing knowingly or unknowingly flawed disclosure statements.
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Common causes of lender disputes within the bankruptcy context, from either a lender or a creditor perspective; common triggers or related risks to be aware of; potential avenues for resolution, and sources of assistance; any noteworthy bankruptcy cases illustrating any of these points and related do’s and don’ts.
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Recent developments involving Catholic dioceses and the status of their settlements with sex abuse survivors and the dioceses’ bankruptcy proceedings; what to know about resolution of key obstacles, proposed settlement terms and reorganization plans, and a path forward for the dioceses and other affected entities or individuals. How do these cases compare with bankruptcy cases involving other institutions that have been the subject of widespread sex abuse allegations?
Related information:
https://www.cbsnews.com/baltimore/news/archdiocese-maryland-sex-abuse-settlement-bankruptcy
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Bankruptcy issues pertaining to a franchisee-franchisor relationship; related obligations, rights, best practices, or potential liability risks; any useful takeaways from bankruptcy rulings involving franchisees and franchisors.
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Factoring agreements; how they are defined; what role they may play in a bankruptcy situation; key contractual terms to pay attention to; what else to consider before pursuing such an arrangement.
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The assets auction process in bankruptcies; when and how this process is undertaken; related rights and obligations of parties to an auction; potential risks to be aware of; additional do’s and don’ts for participants in the auction process.