Bankruptcy & Restructuring

Eleven Morris Nichols lawyers have been admitted to the Delaware bar today.

Delaware metropolitan categories cover core business law areas, including corporate law, bankruptcy, M&A, and patent litigation.

Matt Talmo has been invited to join the firm partnership, effective January 1, 2025.

Matt Harvey speaks on the afternoon “Bankruptcy Appellate Panel Update” panel.

Reece Barker, Sean Meyer, and Jake Rauchberg join the firm following recent judicial clerkships.

Eric Schwartz presented on “Pursuing Claims and Enforcing Judgments in the United States” to fellow TerraLex member, Hylands Law Firm in China.

Morris Nichols has made Law360’s annual list of Delaware Regional Powerhouse law firms for the fourth year in a row.

The Best Lawyers in America has released its 2025 edition listing 39 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 160,000 eligible attorneys.

Morris Nichols earned a Tier 1 ranking among Delaware law firms, and 10 attorneys were selected for inclusion in IFLR1000 “The Guide to the World’s Leading Financial and Corporate Law Firms.”

Morris Nichols partners Derek Abbott and Eric Schwartz have been selected for inclusion.

Morris Nichols again secured a Band 1 ranking Chambers USA in four fundamental Delaware practice areas: Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

The 12 Morris Nichols attorneys listed in 2024 edition practice in bankruptcy, corporate litigation, intellectual property litigation, and other categories.

Eric Schwartz presents “Pursuing Claims and Enforcing Judgements in the United States.”

Derek Abbott spoke with Bloomberg Law about an increase in major corporate Chapter 11 filings in the first week of April 2024.

Curtis Miller serves as program coordinator of this program presented by the ABA Litigation Section Bankruptcy & Insolvency Litigation Committee.

Brenna Dolphin joins as a special counsel and Clint Carlisle joins the firm as an associate.

Twelve Morris Nichols lawyers have been admitted to the Delaware bar today.

Derek Abbott will speak on the panel, “Making the Mediation: What to Consider When Selecting the Neutral.”

The 2024 edition of Best Law Firms® ranks Morris Nichols in 20 Delaware practice areas.

Morris Nichols is delighted to welcome six attorneys to the firm. They all bring prior experience from judicial clerkships and private litigation practice. 

Sophie Rogers Churchill will moderate the panel, “Bankruptcy: Evolution of DIP Financing Orders.”

A combination of steady work, a collaborative environment, and practices focused on Delaware statutes, caselaw, and courts have all contributed to Morris Nichols’ inclusion on Law360’s list of 2023 Regional Powerhouses. 

The Best Lawyers in America has released its 2024 edition, listing 39 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 76,000 eligible attorneys.

Derek Abbott will speak on the “Mass Torts” session.

IFLR United States 2023 ranks Morris Nichols in two Delaware tables ranking the top M&A law firms and the leading restructuring and insolvency law firms.

Lawdragon 500 has released its 2023 list of Leading Bankruptcy & Restructuring Lawyers in the United States.

His practice concentrates on corporate restructuring, both in court and out of court, and bankruptcy litigation. Before entering private practice and law school, Scott was a police officer with the Wilmington Police Department. 

Chambers USA has again ranked Morris Nichols in Band 1 for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

2023 Delaware Super Lawyers selects 11 Morris Nichols attorneys for inclusion.

Morris Nichols serves as co-counsel with White & Case to the Boy Scouts. In March 2023, the U.S. District Court for the District of Delaware affirmed the plan, and on April 19, 2023, the Chapter 11 plan went into effect.

Morris Nichols partner Andrew Remming will join The Knowledge Group's live webcast as a speaker.

Morris Nichols, as co-counsel with Baker Botts, represented TPC Group Inc. and its affiliated debtors in successfully securing confirmation of the debtors’ Chapter 11 plan.

Ten Morris Nichols lawyers have been admitted to the Delaware bar today.

Derek Abbott will speak at the American Bankruptcy Institute's Winter Leadership Conference.

Sophie Rogers Churchill facilitates the morning session, “Successful Navigation of a Virtual Hearing.”

Derek Abbott will speak at the Pennsylvania Bar Institute's Bankruptcy Institute 2022.

Morris Nichols was selected for inclusion in a range of Delaware business law categories including corporate law and transactions; bankruptcy and reorganizations; and M&A, IP and patent litigation.

The restructuring transactions concerning Klausner Lumber One LLC and Klausner Lumber Two LLC were selected for the 2022 Small Company Turnaround/Transaction of the Year Award.  

Bankruptcy and restrucutring partner Andrew Remming will join The Knowledge Group's live webinar as a speaker.

IFLR United States 2022 recognized Morris Nichols in two Delaware tables ranking the top M&A law firms and the leading restructuring and insolvency law firms.

The Best Lawyers in America has released its 2023 edition, listing 35 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 71,000 eligible attorneys.

Morris Nichols’ collaborative culture continues to drive the firm’s inclusion on Law360’s list of 2022 Regional Powerhouses.

Matt Harvey will speak on the “40 Under 40” panel.

Chambers USA has again ranked Morris Nichols in Band 1 for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

2022 Delaware Super Lawyers slected thirteen Morris Nichols attorneys for inclusion.

Curtis Miller serves as a panelist at the ABA roundtable: Mediation in Bankruptcy.

Curtis Miller will speak on two panels discussing avoidance actions and adequate protection.

Twenty-two Morris Nichols lawyers have been admitted to the Delaware Bar today.

The nationwide guide highlights 500 leading financial restructuring attorneys.

Derek Abbott will speak at the American Bankruptcy Institute’s Winter Leadership Conference.

Morris Nichols bankruptcy and restructuring partner Andrew Remming spoke to Law360 regarding the announcement and reflecting on Judge Sontchi’s years of service on the bankruptcy bench.

The 2022 edition of U.S. News - Best Lawyers “Best Law Firms” ranks Delaware law firm Morris Nichols in 25 areas.

Morris Nichols attorneys Megan Dellinger and Lauren Neal have been invited to become partners of the firm, effective January 1, 2022, and Tammy Mann will be promoted to special counsel.

Matt is one of 40 emerging leaders selected to the American Bankruptcy Institute’s “40 Under 40” class of 2021.

Morris Nichols was recognized in the award category for “Restructuring of the Year ($100MM to $500MM)” for the restructuring of VIVUS, Inc.

IFLR United States 2021 - The Guide to the World’s Leading Financial and Corporate Law Firms again ranked Morris, Nichols, Arsht & Tunnell LLP in two Delaware tables ranking the top M&A law firms and the leading restructuring and insolvency law firms.

The Best Lawyers in America has released its 2022 edition, listing thirty-two attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 66,000 eligible attorneys.

Law360 released its list of 2021 Regional Powerhouses, once again naming Morris Nichols among the law firms excelling in the First State.

One dozen Morris Nichols attorneys have been selected for inclusion in 2021 Delaware Super Lawyers. 

The 2021 edition of Chambers USA has again ranked Morris Nichols in the top tier in four Delaware practice categories.

Morris Nichols serves as lead counsel to Impresa Aerospace, a tier-one supplier to Boeing and other commercial and defense aviation companies. In December 2020, the Delaware Bankruptcy Court approved the going concern sale of Impresa’s business and assets, and on April 28, 2021 confirmed Impresa’s chapter 11 plan.

The American Bankruptcy Institute (ABI) hosts its Virtual Annual Spring Meeting from April 12-22, 2021.

Matt is one of a dozen corporate restructuring lawyers under the age of 40 identified for their outstanding achievements within the prior year.

The April 2021 newsletter includes various article contributions from insolvency/bankruptcy practitioners.

The ABA Section of Litigation Bankruptcy and Insolvency Litigation Committee will host a roundtable on Friday, March 19, 2021 from 1:00-2:00 p.m. ET.

Morris Nichols is pleased to announce eleven law clerks employed by the firm were each issued a Certified Limited Practice License* (CLPL) by the Delaware Supreme Court this week.

Morris Nichols was selected for inclusion in a range of Delaware business law areas, listed below, as well as a national tier for “Litigation – Mergers & Acquisitions.” The rankings are based on a combination of client feedback, survey responses, and peer review.

Matt Harvey speaks on “How COVID-19 Has Affected the Restructuring Industry” at the Turnaround Management Association annual NextGen conference.

Morris Nichols partner Matt Harvey speaks in this Bloomberg Law webinar conversation exploring how the Covid-19 health crisis has changed the legal practice of bankruptcy.

Thirty-one Morris Nichols attorneys were recognized in the 2021 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 67,000 eligible attorneys.

Wilmington, DE (December 11, 2019) - Morris, Nichols, Arsht & Tunnell LLP is delighted to announce sixteen attorneys associated with the firm were admitted to the Delaware bar on Wednesday, December 11, 2019.

Wilmington, DE (November 12, 2019) - Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that bankruptcy and restructuring attorney Matthew B. Harvey has been invited to join the firm partnership, effective January 1, 2020.

Wilmington, DE (November 1, 2019) - Morris, Nichols, Arsht & Tunnell LLP has been ranked in twenty-five practice areas in the 2020 edition of U.S. News - Best Lawyers “Best Law Firms.”

Wilmington, DE (September 25, 2019) - The 2020 edition of Benchmark Litigation’s guide to the leading U.S. litigation law firms again recognizes Morris, Nichols, Arsht & Tunnell LLP in the top “Highly Recommended” band for Delaware law firms. The guide notes that Morris Nichols “has established itself as one of the most respected presences in the Delaware legal market.”

Wilmington, DE (September 2, 2019) - Law360 released its list of 2019 Regional Powerhouses, identifying Morris, Nichols, Arsht & Tunnell LLP among the top Delaware law firms.

Wilmington, DE (August 15, 2019) - Thirty-five Morris Nichols attorneys were selected for inclusion in the 2020 edition of The Best Lawyers in America. The results are based on peer-review evaluations from more than 94,000 eligible attorneys.

Wilmington, DE (June 17, 2019) - Today, Global Restructuring Review released the 2019 GRR 100, naming Morris, Nichols, Arsht & Tunnell LLP among the leading cross-border restructuring and insolvency law firms.

Wilmington, DE (June 6, 2019) - IFLR United States - The Guide to the World’s Leading Financial Firms again ranked Morris, Nichols, Arsht & Tunnell LLP in two Delaware tables ranking the top M&A law firms and the leading restructuring and insolvency law firms.

Fifteen Morris Nichols attorneys have been selected for inclusion in 2019 Delaware Super Lawyers.  Derek C. Abbott and William M. Lafferty appear on the “Top 10” list recognizing the Delaware lawyers who received the highest point totals - with Bill designated as the “Number One” attorney on the Top 10. In addition, attorneys Eric S. Klinger-Wilensky and D. McKinley (Mac) Measley were recognized as Delaware Rising Stars.

Wilmington, DE (April 25, 2019) - The 2019 edition of Chambers USA: America’s Guide to Leading Lawyers for Business has again ranked Morris, Nichols, Arsht & Tunnell LLP as a leading Delaware law firm in four practice categories.

Wilmington, DE (November 14, 2018) - Benchmark Litigation has released its annual legal directory focusing exclusively on the litigation and disputes market. The 2019 edition again ranks Morris, Nichols, Arsht & Tunnell LLP in the top “Highly Recommended” band for Delaware law firms.

Wilmington, DE (November 1, 2018) - Morris, Nichols, Arsht & Tunnell LLP has been recognized in twenty-four practice areas in the 2019 edition of U.S. News - Best Lawyers “Best Law Firms.” 

Wilmington, DE (October 24, 2018) - Today, Derek C. Abbott was presented the Commitment Award at the 2018 Christopher W. White Distinguished Access to Justice Awards.  The honor is given by the Delaware State Bar Association to a member of the Bar who has demonstrated a sterling commitment to pro bono work throughout his or her career by dedicating time and energy to the support and provision of legal services. 

Wilmington, DE (September 17, 2018) - The 2018 edition of IFLR United States - The Guide to the World’s Leading Financial Firms has been released.  Morris, Nichols, Arsht & Tunnell LLP appears at the top of the two Delaware tables ranking the leading M&A law firms and the leading restructuring and insolvency law firms.

Wilmington, DE (September 4, 2018) - Law360 released its list of 2018 Regional Powerhouses, recognizing Morris, Nichols, Arsht & Tunnell LLP among the top Delaware law firms.

Wilmington, DE (August 15, 2018) - Thirty-three attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2019 edition of The Best Lawyers in America.  The results are based on peer-review evaluations from more than 87,000 eligible attorneys.

Wilmington, DE (June 28, 2018) - Global Restructuring Review has released the 2018 GRR 100, a “guide to the world’s leading restructuring and insolvency practices.” Morris, Nichols, Arsht & Tunnell LLP makes the elite list featuring 100 top law firms for cross-border insolvency and restructuring.

Wilmington, DE (May 18, 2018) - Seventeen Morris Nichols attorneys have been selected for inclusion in 2018 Delaware Super Lawyers.  William M. Lafferty was ranked number one on the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, Kimberly Gill McKinnon, D. McKinley (Mac) Measley, and Andrew R. Remming and Jeremy A. Tigan were recognized as Delaware Rising Stars.

Wilmington, DE (May 3, 2018) - Morris, Nichols, Arsht & Tunnell LLP has been ranked Band 1 in four Delaware practice categories in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. The firm was ranked in the highest tier for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

Wilmington, DE (December 13, 2017) - Morris, Nichols, Arsht & Tunnell LLP is pleased to announce nine attorneys associated with the firm were admitted to the Delaware bar on Wednesday, December 13, 2017.

Wilmington, DE (November 1, 2017) - Morris, Nichols, Arsht & Tunnell LLP has been recognized in twenty practice areas in the 2018 edition of U.S. News - Best Lawyers "Best Law Firms." In the 2018 rankings, the firm was once again selected for inclusion in the national category for “Litigation - Mergers & Acquisitions” as well as a diverse array of Delaware practice categories. 

Wilmington, DE (October 16, 2017) - Benchmark Litigation has released its 2018 guide to the leading U.S. litigation law firms. Once again, Benchmark ranked Morris Nichols in the “Highly Recommended” band for Delaware, with peers noting the firm is a top player in the First State.

Wilmington, DE (August 15, 2017) - Thirty-two attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2018 edition of The Best Lawyers in America.  The results are based on peer-review evaluations from more than 83,000 eligible attorneys.

Wilmington, DE (July 25, 2017) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, has been invited as part of INSOL's Strategic Plan 2021 to join a Taskforce 2021 Working Group to “Enhance the involvement and relevance of the small practice network”.

Wilmington, DE (May 26, 2017) - The 2017 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

Wilmington, DE (May 12, 2017) - Sixteen Morris Nichols attorneys have been selected for inclusion to the 2017 Delaware Super Lawyers list.  William M. Lafferty was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, Kimberly Gill McKinnon, D. McKinley (Mac) Measley, and Curtis S. Miller were recognized as 2017 Delaware Rising Stars.

Wilmington, DE (April 7, 2017) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, spoke at the Terralex Bankruptcy/Insolvency Practice Group Meeting in Beijing, China on April 7, 2017. Eric serves as Co-Chair of the group, and provided opening and closing remarks as well as moderated the roundtable discussion portion of the meeting. 

Wilmington, DE (March 27, 2017) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, spoke at The M&A Advisor’s 2017 Distressed Investing Summit in Palm Beach, Fla. on March 23, 2017.  He joined The Honorable Judge Kevin J. Carey and other panelists in the Stalwarts Roundtable discussion, “IPO to Bankruptcy, Boom to Bust in Record Time.”

Wilmington, DE (March 1, 2017) - INSOL International published the Special Report titled “Office-holder Remuneration: Some International Comparisons” by Eric Baijal of BBM Solicitors, Scotland with country chapters provided by 14 individual contributors. Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, is the country contributor for the United States. The report analyses and compares the way in which 14 different jurisdictions around the world approach the common issue of office-holder remuneration. It draws on this analysis to find the positive and negatives of each approach, the common difficulties and the features that mark a fair, transparent and robust remuneration system.

Wilmington, DE (February 6, 2017) - Morris Nichols successfully represented Terminal Investment Limited SARL (“TiL”) as lead counsel in its cross-border acquisition from Hanjin Shipping Co., Ltd. (“Hanjin”) of a controlling stake in Total Terminals International, LLC (“TTI”), a Delaware limited liability company which operates two marine terminals on the U.S. West Coast.  The complex deal successfully closed on February 1, 2017.

Wilmington, DE (January 27, 2017) - Today, The M&A Advisor announced the winners of the 11th Annual Turnaround Awards. Morris, Nichols, Arsht & Tunnell LLP was recognized in two categories for restructuring work and for reorganization in the energy sector.

Wilmington, DE (November 10, 2016) - The American College of Bankruptcy announced today that Morris Nichols partner Derek Abbott will be inducted as a Fellow of the 28th Class of the College on March 10, 2017 in Washington, D.C.

Wilmington, DE (November 1, 2016) - U.S. News - Best Lawyers® has once again ranked Morris, Nichols, Arsht & Tunnell LLP in its annual guide of the “Best Law Firms.” In the 2017 edition, the firm was selected for inclusion in the national category for “Litigation - Mergers & Acquisitions” as well as a diverse array of Delaware practice categories related to bankruptcy, corporate, intellectual property, and trust law.

Wilmington, DE (August 15, 2016) - Thirty attorneys from Morris, Nichols, Arsht & Tunnell LLP were selected for inclusion in the 2017 edition of The Best Lawyers in America®.  The results are based on peer-review evaluations from more than 79,000 eligible attorneys.

Wilmington, DE (July 12, 2016) - Morris, Nichols, Arsht and Tunnell LLP (“Morris Nichols”) announced today that it, together with co-counsel Hogan Lovells US LLP, has served as chapter 11 bankruptcy counsel for KaloBios Pharmaceuticals, Inc., a Brisbane, California based development stage, biopharmaceutical company focused on advancing treatments for neglected diseases, in a highly successful reorganization and recapitalization of its business.  Batuta Capital Advisors LLC acted as the company’s financial advisor and the Brenner Group LLC provided interim financial management support.

Wilmington, DE (June 8, 2016) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the Terralex Bankruptcy/Insolvency Practice Group 2016 European Meeting in Budapest, Hungary on June 10, 2016.   He will speak from a U.S. perspective on “How decreasing interest rates in the long run may impact the lending market and liquidity of debtors.  How lenders’ work outs prepare for such lending risks.”

Wilmington, DE (May 27, 2016) - The 2016 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property.

Wilmington, DE (May 13, 2016) - Seventeen Morris Nichols attorneys have been selected for inclusion to the 2016 Delaware Super Lawyers list.  Jack B. Blumenfeld was named to the “Top 10” list for Delaware.  In addition, attorneys Eric S. Klinger-Wilensky, D. McKinley (Mac) Measley, Curtis S. Miller, and Matthew R. Clark were recognized as 2016 Delaware Rising Stars.

Wilmington, DE (May 11, 2016) - The Morris Nichols Business Reorganization & Restructuring Group has been named a finalist of the 2016 Turnaround Atlas Awards in two categories. Global M&A received 270 transaction nominations in 2016, with just 48 selected as finalists.

Wilmington, DE (May 9, 2016) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, will speak at the opening session of the TerraLex joint practice group meeting of the Construction, Bankruptcy, Energy, Environmental & Real Estate practice groups at the 2016 TerraLex Global Meeting in Lima, Peru.  Eric is Co-Chair of the Bankruptcy/Insolvency Practice Group.

Wilmington, DE (May 3, 2016) - Six partners from Morris, Nichols, Arsht & Tunnell LLP have been included in Best Lawyers Business Edition’s list of 2016 Women in the Law. Featuring peer-nominated attorneys in 140 practice areas, the list is part of the inaugural Best Lawyers Business Edition publication, produced in collaboration with the women’s legal advocacy organization Ms. JD.

The 2016 Women in the Law results are based on peer-review evaluations from more than 79,000 eligible attorneys and features all female attorneys listed in The Best Lawyers in America 2016. The six Morris Nichols partners selected for inclusion focus their practices on various business law areas, including bankruptcy, restructuring, corporate counseling, corporate litigation, and IP. 

Wilmington, DE (March 31, 2016) - Eric Schwartz was a guest lecturer at Georgetown University McDonough School of Business.  Mr. Schwartz lectured on the subject of corporate fiduciary duties in a distress situation to the Corporate Restructuring class of students in the masters in business program.   Mr. Schwartz' hour-long lecture covered the challenges officers and directors face in a distress situation and their duties and alternatives.

Wilmington, DE (January 4, 2016) - Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Mac Measley, Andrew Remming and Jason Russell have been elected partners, and that Karl Randall has been promoted to special counsel, effective January 1, 2016.

Wilmington, DE (November 19, 2015) - The Turnaround Management Association hosted its 2015 TMA Asia Pacific Conference in Singapore and Morris Nichols Partner, Eric Schwartz was invited to present on the Judges Panel covering the topic of Restructuring Regimes.  He joined Judicial Commissioner Kannan Ramesh of the Supreme Court of Singapore and Judge Bingkun Ye of Xiamen Intermediate People’s Court, Fujian Province (P.R.C.) to discuss how various regimes may interact to produce efficient and effective cross-border restructuring and resolution of corporate insolvency matters.

Wilmington, DE (November 2, 2015) - U.S. News - Best Lawyers® has once again ranked Morris, Nichols, Arsht & Tunnell LLP in its annual guide of the “Best Law Firms.” In the 2016 edition, the firm was selected for inclusion in a diverse array of bankruptcy, corporate, intellectual property, and trust law practice areas in Delaware.

Wilmington, DE (February 28, 2014) - Morris Nichols partner Eric Schwartz moderated the panel “Making Your Case: Presenting Valuation Evidence” during VALCON 2014. 

The panel covered strategies and tips for presenting financial evidence in chapter 11 cases. Panelists discussed the selection, roles and fee arrangements of financial advisors and experts, employment applications/standards under the Bankruptcy Code, disclosure, protecting privilege, opinion testimony, use of demonstrative evidence, and witness preparation. 

The session was presented by The American Bankruptcy Institute at VALCON 2014 from February 26 to 27, 2014 in Las Vegas, Nev. The annual conference brings together dealmakers, fund investors, and financial and legal advisors.

Wilmington, DE (September 29, 2013) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, served as opening speaker at the TerraLex Bankruptcy/Insolvency Practice Group Meeting, at the TerraLex Global Meeting in Paris, France.  The Group's featured presentation, Current Developments Regarding Intellectual Property Issues in Insolvency Proceedings, included panelists J. Mark Fisher of Schiff Hardin LLP, Michael Liu of Hylands Law Firm, Stefan Kridlo of SKW Schwarz Rechtsanwälte, Rafal Roszkowski of Drzewiecki, Tomaszek & Wspólnicy, and Max C. Roesle of Roesle Frick & Partners.  Eric is Co-Chair of the Bankruptcy/Insolvency Practice Group.

TerraLex’s brings together prominent lawyers who are part of the TerraLex worldwide network of more than 155 independent law firms located in 100 countries.  Morris Nichols is the Delaware affiliate of TerraLex.

Wilmington, DE (August 24, 2012) - Eric Schwartz, Morris Nichols Business Reorganization & Restructuring Group partner, has been appointed

Derek Abbott recently spoke to Law360 about the implications of the Purdue decision.

Curtis Miller, Matthew Talmo and Erin Williamson address the ways in which a bankruptcy retailer can navigate security interests on goods purchased by customers, ensuring that customers receive their goods and remain willing to do business with the reorganized company.

Dan Butz co-authored an article discussing chapter 11 in the commercial real estate sector, and ways distressed companies can drive the corporate restructuring process.

In a prepackaged bankruptcy—colloquially known as a “prepack”—a distressed company negotiates and solicits support of a chapter 11 plan of reorganization before commencing its chapter 11 case. The company then files for bankruptcy court protection to implement the plan, knowing that it has the requisite creditor support for its reorganization.

This article discusses the bankruptcy discharge process and how prospective acquirors of bankrupt companies can identify and potentially avoid liability for legacy unclaimed property liabilities that may remain following confirmation of a plan of reorganization.

“It costs a lot of money to go broke. In the case of a chapter 11 bankruptcy, the cost includes quarterly fees payable to the Office of the United States Trustee (the “UST”), a component of the Department of Justice that oversees bankruptcy cases.

On March 16, 2020, the United States Bankruptcy Court for the District of Delaware implemented a General Order in response to the outbreak of COVID-19.  As part of our effort to help our clients and friends navigate this challenging time, the Morris Nichols Business Reorganization & Restructuring Group has summarized this important announcement from the Delaware Bankruptcy Court.

Morris Nichols partners Robert J. Dehney and Matthew B. Harvey co-authored a book chapter, “Seeing the Future: The Case of Seegrid Corporation” in Global Restructuring Review’s new book The Art of the Pre-Pack.

Congress designed Chapter 11 to be flexible to promote the twin goals of rehabilitating distressed businesses and maximizing stakeholder returns. Several recent decisions from the U.S. Bankruptcy Court and District Court for the District of Delaware highlight how Chapter 11’s inherent flexibility promotes these goals.

The Delaware Supreme Court and the Court of Chancery recently issued guidance for directors navigating the complex fiduciary issues that arise around insolvency.

On February 1, 2017, the United States Bankruptcy Court for the District of Delaware (the “Delaware Bankruptcy Court”) released the 2017 version of the Local Rules for the United States Bankruptcy Court District of Delaware (Effective February 1, 2017) (the “Local Rules”). As a courtesy to our clients and friends, the Morris Nichols Business Reorganization & Restructuring Group has summarized the most significant revisions to the Local Rules relevant to business bankruptcy practice in the Delaware Bankruptcy Court.

Judge Kevin Carey provides significant guidance to debtors and landlords calculating rejection damages claims.

Appearing in the Summer 2015 edition, the article outlines a set of “best practices” for understanding and complying with an increasingly complex array of statutes, federal and local rules, U.S. Trustee guidelines, fee auditor requirements, and case-specific orders when filing fee applications.

On May 4, 2015, the Delaware Court of Chancery issued an opinion in Quadrant Structured Products Co. Ltd. v. Vertin that provides important guidance to those counseling distressed Delaware corporations and their stakeholders.

On May 21, 2015, the United States Court of Appeals for the Third Circuit answered the long-asked question of whether structured dismissals are permissible under the Bankruptcy Code with a resounding yes.

In a case of first impression, Chief Judge Brendan L. Shannon of the U.S. Bankruptcy Court for the District of Delaware ruled on Dec. 18, 2014, that Delaware corporate law’s “entire fairness” test, which is utilized to evaluate self-dealing transactions, is inapplicable to the Bankruptcy Code’s requirement that a plan be “proposed ... not by any means forbidden by law” under § 1129(a)(3) in connection with a consensual reorganization plan.

In an opinion issued on May 4, 2015, Quadrant Structured Products Co., Ltd. v. Vertin, the Court of Chancery provided important guidance to distressed Delaware corporations and their creditors. 

This portion of the Bankruptcy Code may serve as a "Trump" card for debtors facing expired collective bargaining agreements.

Rob Dehney and Curtis Miller co-authored “The Dealmaker’s Guide to Buying Distressed Assets - Section 363 Sales and the Alternatives.” The article is featured in the September 2008 edition of Norton Annual Survey of Bankruptcy Law.  Geared toward that deal professional seeking an introduction to purchasing distressed companies (or pieces thereof) under Bankruptcy Code Section 363, the authors paint not only the legal landscape but also discuss the competing considerations in which business decisions in this context are made in the real world.

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Curtis S. Miller, “Covering Their Tails - Again: Court Rejects Objection to Officer Advancement Claim under 11 U.S.C. §502(e)(1)(B)1,” ABI Journal, p. 38 (Feb. 2008)

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Robert J. Dehney, Curtis S. Miller, “Covering Your Tail: Court Approves Advancement of Legal Fees to Directors and Officers under §363,” ABI Journal, Vol. XXVI, No. 5, p. 26 (June 2007)

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Robert J. Dehney, “Public Sector Restructurings, Recoveries and Insolvencies: A Trend for the Future?” Developmental Specialists, Inc., CLE Program (February 2006)

Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, “Restructuring Under Delaware Law: An Attractive Alternative,” Financier Worldwide - Global Restructuring Review 2005, at 47-48 (Sept. 2005)

Robert J. Dehney, Curtis S. Miller, Daniel B. Butz, “The Importance of Good Corporate Form: Preventing the Involuntary Distribution of Your Assets to Creditors of a Bankruptcy Affiliate or Subsidiary,” The Journal of Private Equity (Spring 2005)