In Solvency Blog
Agostino is a regular contributor to Fox Rothschild's In Solvency blog, which surveys the latest trends and developments in prominent cases and provides practical guidance to businesses navigating financial distress.
Read his most recent posts:
Recent Blog Posts
New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11
In Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon Music), hosts Jason Sanjana and Kevin Eckhardt interviewed the Honorable Michael B. Kaplan, U.S. Bankruptcy Judge for the District of New Jersey, who offered a candid, practitioner‑oriented discussion on how bankruptcy courts evaluate Chapter 11 cases in real time. Over the last... Continue Reading…More
New Jersey Bankruptcy Courts Remain a Strong Option for Debtors Seeking to Obtain a Third-Party Release in a post-Purdue Pharma World Following the BowFlex Decision
The restructuring industry held its proverbial breath following the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., which invalidated the nonconsensual third-party release in the debtors’ plan. While various courts continue to interpret the Purdue Pharma decision, New Jersey Bankruptcy Courts (the “Bankruptcy Court”) appear unified in allowing consensual third-party releases and finding that... Continue Reading…More
The Impact of Purdue Pharma
It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies around the country. In September 2019, Purdue Pharma L.P. and 23 affiliated debtors filed for chapter 11 bankruptcy to provide a breathing spell from the mounting... Continue Reading…More
New Jersey Releases New Chapter 11 Complex Procedures and Other Rule Updates
Pursuant to the New Jersey Bankruptcy Court’s (the “Court”) annual rule making cycle, the Court implemented various changes to the New Jersey Local Rules and Local Forms, which became effective on August 1, 2024.[1] Of particular note, the Court has released an entirely new set of Chapter 11 Complex Case Procedures. The release... Continue Reading…More
The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme Court Holds that Chapter 11 Debtors Do Not Get a Refund on U.S. Trustee Quarterly Fees Under Unconstitutional Fee Increase
As previously discussed and anticipated in prior blog posts,[1] the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39 (2022), which struck down as unconstitutional the United States Trustee System Fund (Pub. L. 115-72, Div. B, 131 Stat. 1229) (the “2017 Act”) on the basis that... Continue Reading…More
Who’s a Party in Interest? The Supreme Court’s Ruling in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. Opens the Door for Insurers to Intervene in Certain Bankruptcy Proceedings
Kaiser Gypsum Company Inc. and Hanson Permanente Cement, Inc. (collectively, the “Debtors”), manufacturers of asbestos-containing cement products, filed for chapter 11 bankruptcy on September 30, 2016 (“Petition Date”) in the United States Bankruptcy Court for the District of Western District of North Carolina (“Bankruptcy Court”) after being named in more than 38,000 asbestos-related lawsuits since... Continue Reading…More
LTL Management, LLC Bankruptcy Dismissed (Again)
The LTL Management, LLC (“LTL” or the “Debtor”) bankruptcy saga may be coming to an end for a second time, at least for now. On January 30, 2023, the Third Circuit issued its opinion reversing the Bankruptcy Court after finding that the first bankruptcy case (Case No. 21-30589) was filed in bad faith, and remanding... Continue Reading…More
