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Business Law & Litigation

They Called a Fairness Opinion “Not Prudent.” The Estate Wants $180 Million of the $222 Million Deal Back.

Editors’ Note: In March 2026, the Chapter 7 trustee for Polished.com sued former chief executive Albert Fouerti and 12 other former officers and directors in the United States Bankruptcy Court for the District of Delaware, seeking more than $200 million. At the center of the complaint is one payment: the $180 million Polished sent to Fouerti when it closed its $222 million acquisition of Appliances Connection in June 2021. The trustee says the company did not get anywhere near what it paid for. This article traces the full record behind […]

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The Preference Wave Is Coming- What Vendors Should Do Now

If you sold goods or services to a customer that filed Chapter 11 in the last two years, the window to prepare is right now. It closes the day the demand letter arrives.

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DOJ Revives Rare ‘Financial Kingpin’ Statute in Expanded Prosecution of Tricolor Founder

'Financial Kingpin' Statute

Unsealing a superseding eight-count indictment on 6/24, the DOJ has revived the ‘Financial Kingpin’ statute in its prosecution of Tricolor Founder.

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Debtor Eligibility for Subchapter V and Chapter 13 Expected to Rise

A bipartisan bill would raise debt limits for Subchapter V and Chapter 13 bankruptcies, expanding access to lower-cost reorganization options.

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How To Defend Against Bankruptcy Avoidance Actions

Bankruptcy Avoidance Actions

Understanding bankruptcy avoidance actions and the defenses available can make a significant difference for companies facing litigation exposure.

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Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

The post-Purdue lesson is that the enforceability of a third-party release may depend not only on what the release says, but on where and how it was approved.

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Fourth Circuit Holds That “Contingent” Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability

“Contingent” Proof of Claim

A recent Fourth Circuit decision is instructive for multiemployer plans and the employers that contribute to them when there is a bankruptcy filing.

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HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

HERTZ After Cert Denial

The Supreme Court’s recent decision in the Hertz case underscores that a solvent debtor cannot have it both ways.

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Foreign Third-Party Releases Survive Purdue Pharma, At Least in Chapter 15

Foreign Third-Party Releases

A nonconsensual third-party release approved by a Mexican court can be enforced in the United States under Chapter 15 of the Bankruptcy Code.

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