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Business Restructuring Review Vol. 25 No. 3 May-June 2026
In This Issue Texas Bankruptcy Court Adopts Barnet Rule Requiring Foreign Debtor to Have U.S. Assets to Be Eligible for Chapter 15 Relief In In re Siu-Fung Ceramics Holdings Limited, No. 24-33299, 2026 WL 382424 (Bankr. S.D. Tex. Feb. 10, 2026), the court denied petitions for chapter 15 recognition of Hong Kong bankruptcy and liquidation proceedings commenced on behalf of an individual debtor and a group of companies that he owned or controlled. According to the court: (i) the corporate debtors' Hong Kong liquidation proceeding was not eligible for chapter 15 recognition because the attorney retainer upon which such relief was based was not funded until nine months after the chapter 15 petition date; and (ii) the individual debtor's Hong Kong bankruptcy case could not be recognized because the debtor's "center of main interests" on the chapter 15 petition date was not in Hong Kong, and he did not even maintain an "establishment" there. [read more …] Southern District of Texas Clarifies Post-Purdue Course for Consensual Third-Party Releases and Gatekeeping Provisions In In re Container Store Group, Inc., 676 B.R. 356 (S.D. Tex. 2026), appeal filed, No. 26-20166 (5th Cir. Apr. 14, 2026), cross appeal filed, No. 26-20166 (5th Cir. Apr. 24, 2026), the U.S. District Court for the Southern District of Texas addressed consensual third-party releases and gatekeeping provisions in the aftermath of the U.S. Supreme Court's ruling in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024). Consistent with existing Fifth Circuit precedent, the court confirmed that, in appropriate circumstances, consent for third-party releases may be obtained through a creditor's failure to opt out of granting that consent. But, the court ruled, consent through an opt-out mechanism essentially can never be inferred for creditor classes that stand to receive no recovery under a chapter 11 plan and that are deemed to reject the plan by operation of applicable bankruptcy law. Instead, those classes must affirmatively opt in to any release. The court also narrowed and remanded the bankruptcy court's acceptance of a broad gatekeeping provision, ruling that such provisions must correspond to the restrictions established by Fifth Circuit precedent. [read more …] Delaware Bankruptcy Court: Initial Transferee Need Not Be Defendant in Fraudulent Transfer Avoidance and Recovery Litigation The Bankruptcy Code gives a bankruptcy trustee the power to avoid asset transfers that are either made with the intent to defraud creditors or that are "constructively" fraudulent because an insolvent debtor did not receive adequate value in exchange. The Bankruptcy Code also permits recovery of an avoided transfer from not only the initial recipient, but also from subsequent transferees. Courts disagree over whether a transfer must actually be avoided before the trustee can seek recovery from a subsequent transferee and whether the initial transferee must also be a defendant in the recovery litigation against a subsequent transferee. The U.S. Bankruptcy Court for the District of Delaware weighed in on this debate in Phillips v. SS Associates LLC (In re ONH AFC CS Investors, LLC), No. 23-10931 (CTG), 2026 WL 312892 (Bankr. D. Del. Feb. 4, 2026). The court adopted the majority view, ruling that the initial transferee need not be a defendant in avoidance and recovery litigation against a subsequent transferee, but that the trustee must establish the elements necessary to avoid the initial transfer as part of the recovery litigation. [read more …] New York Bankruptcy Court Weighs In on Adequate Assurance of Future Performance under Assigned Leases and Chapter 11 Plan Exculpation Provisions In order to assume and assign an executory contract or unexpired lease, a bankruptcy trustee must cure most defaults under the agreement and provide "adequate assurance" of the assignee's future performance. However, the Bankruptcy Code provides no guidance as to the meaning of "adequate assurance" other than with respect to shopping center leases. In In re Broadway Realty I Co. LLC, No. 25-11050, 2026 WL 147505 (Bankr. S.D.N.Y. Jan. 19, 2026), the U.S. Bankruptcy Court for the Southern District of New York examined this issue in connection with a proposed assignment of thousands of residential leases as part of a free-and-clear sale of debtors' properties. The court held that "adequate assurance" does not mean a guarantee of the assignee's future performance, but merely demonstration that the assignee has the ability to satisfy the underlying obligations. The bankruptcy court also ruled that an exculpation provision in the debtors' chapter 11 plan exonerating non-estate fiduciaries from liability for actions taken in connection with the chapter 11 case was unobjectionable, provided it was limited in scope to postpetition conduct and actions taken in connection with implementation of the plan after its effective date. [read more …] Newsworthy Corinne Ball (New York) (Hall of Fame), Bruce Bennett (Los Angeles), Carl E. Black (Cleveland), Jeffrey B. Ellman (Atlanta), Brad B. Erens (Chicago), Gregory M. Gordon (Dallas), Heather Lennox (Cleveland/New York), Joshua M. Mester (Los Angeles), and Kevyn D. Orr (Washington) were included in the 2026 edition of Lawdragon 500 Leading Bankruptcy and Restructuring Lawyers. The Daily Business Review selected Isel M. Perez (Miami) as an "On the Rise" winner for the Florida Legal Awards. The Florida Legal Awards annually recognize those who have made significant contributions to the legal industry in Florida. Dan T. Moss (Washington/New York) was inducted as a Fellow in the 37th Class of the American College of Bankruptcy at its Annual Meeting in March 2026 in San Antonio, Texas. Christine Borries (Munich) was ranked in the practice area Restructuring/Insolvency in the 2026 edition of Chambers Germany. The 2027 edition of The Best Lawyers in Singapore™ recognized Sushma Jobanputra (Singapore) in the practice area Insolvency & Reorganization. The restructuring transaction involving Eissmann Automotive North America, Inc. received the "2025 Turnaround of the Year (Large Company)" at the Turnaround Management Association (Detroit) Annual Awards Reception. T. Daniel Reynolds (Cleveland) and Nick Buchta (Cleveland) represented subsidiaries of Eissmann Group Automotive in connection with the parent company's German insolvency proceedings. Roger Dobson (Sydney) is among 40 Jones Day lawyers recognized by The Best Lawyers in Australia 2027 for his contributions in Banking and Finance Law; Distressed Investing & Debt Trading; Insolvency and Reorganization Law; Litigation. An article written by Corinne Ball (New York) titled "Ard Finance—A Global Enterprise Combining an LME With a Foreign Insolvency Proceeding and Chapter 15" was published in the April 21, 2026, edition of the New York Law Journal. An article written by Alex Sapp (New York) titled "Recent Developments in Section 510—Subordination" was published in the 2025 edition of the Norton Annual Survey on Bankruptcy Law. An article written by Brad B. Erens (Chicago) titled "New York Bankruptcy Court Approves Insider DIP Litigation Financing" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Corinne Ball (New York), Dan T. Moss (Washington/New York), David S. Torborg (Washington), and Isel M. Perez (Miami) titled "New York District Court Affirms Narrow Scope of 'Public Policy Exception' in Chapter 15 Cases" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Jeffrey B. Ellman (Atlanta) titled "Statutory Cap on Lease Rejection Damage Claims in Bankruptcy Applies to Solvent Debtors" was published on April 6, 2026, by Lexis Practical Guidance. An article written by Trisha L. Mowbray (Real Estate; Chicago) and Ryan Sims (Washington) titled "Chapter 11 Plan that Abridged Non-Debtor Lessee's Rights to Remain in Possession After Rejection Unconfirmable as Having Been Proposed in Bad Faith" was published on April 6, 2026, by Lexis Practical Guidance. Lawyer Spotlight: Ben Rosenblum Ben Rosenblum, a partner in the New York Office, represents debtors, creditors, and other parties in out-of-court restructurings and court-supervised proceedings, including chapter 11 cases, municipal bankruptcies, international insolvency matters, and stockbroker liquidations. His experience spans industries such as manufacturing, shipping, mining, aviation, energy, real estate, and telecommunications. Ben's notable debtor representations include Peabody Energy, the City of Detroit, Chrysler LLC, Spansion Japan, and Dana Corporation. Significant creditor representations include General Maritime Corporation, Calpine Corporation, American Home Mortgage, and Murray Energy. He currently represents creditors in Puerto Rico's restructuring. He also has extensive experience advising financial institutions on bankruptcy law as applied to derivatives.
Jets defensive lineman hosts sports camp for individuals with developmental differences
Harrison Phillips, a Millard West alum and Jets defensive lineman, returned to his high school to host his Inclusion Revolution Sports Camp, supporting individuals with developmental differences and special needs.
I moved from the UK to the US to grow my business; love the work culture
UK entrepreneur Thomas Phillips moved to Austin, Texas, to grow his business. He's enjoyed the US's entrepreneurial spirit, work culture, and tax benefits.
First rural health grants in MS include building, technology upgrades
Mississippi unveiled the first initiatives funded by the Rural Health Transformation Program after experts said it was the least transparent state.
Immersive theater upgrade: Orlando Science Center’s Dome reopens
Experience the fully revamped Dome by Dr. Phillips Charities at the Orlando Science Center, featuring 8K laser projection, enhanced sound, and more.
The Young Terps, Trader and Phillips, impressing at Dolphins OTAs
Second-year fifth-round picks and teammates while at Maryland, Dante Trader Jr and Jordan Phillips, impressing coaches and teammates in Dolphins OTAs.
I started powerlifting at 75 after recovering from surgery
Barbara Phillips began competing in powerlifting at 75 after hip replacement surgery and decades of staying active.
Women’s flag football in the ACC? Jim Phillips says conversations are happening
At ACC Spring Meetings, commissioner Jim Phillips says the league is having conversations about women's flag football ahead of its Olympic debut.
ACC coaches, athletic directors in support of 24-team College Football Playoff expansion model
An ACC endorsement of the 24-team CFP would side with the Big Ten and Big 12 while putting major pressure on the SEC in future expansion talks
Online safety campaigners reveal Starmer frustrations after Phillips exit
PM accused of dragging heels on forcing tech firms to block transmission of nude photos on children’s phones
'We need to move quickly,' says Labour MP seeking to challenge PM
Catherine West says she is ready to challenge Keir Starmer but minister Bridget Phillipson backs the PM and warns against infighting.
Harvey Shifrin jumps into HD 72 contest, setting up Democratic Primary against Luther Wilkins
The Democratic nominee would challenge either incumbent Lakewood Ranch Republican Rep. Bill Connerly or John Phillips III.
National Science Board member with longtime New Mexico ties speaks out on firing
At the end of April, the Trump administration fired the entire National Science Board, which one former member says threatens U.S. science.
I rented my ranch on Airbnb after losing millions. It taught me resilience.
Brent Phillips bought a Texas ranch for himself and his family. When he lost millions in a stock crash, he began renting it out on Airbnb.
Gladbach sink Dortmund, St Pauli edge closer to drop
Borussia Moenchengladbach ensured they will remain in Germany's top flight next season when Haris Tabakovic scored with two minutes remaining to beat Borussia Dortmund on Sunday, while Mainz pushed St Pauli closer to relegation. Earlier on Sunday, goals from Phillip Tietz and Phillipp Mwene took Mainz to a 2-1 win at St Pauli, securing their top-flight status next season while pushing the hosts closer to relegation.
Dear Abby: Woman’s Mental Health Negatively Affects Her Kids
Syndicated columnist Jeanne Phillips, writing as Dear Abby, answers readers’ questions.
Reds pitchers make ugly MLB history with seven consecutive walks
Cincinnati Reds pitchers Rhett Lowder and Connor Phillips walked seven consecutive Pirates, tying a 43-year old MLB record.
Aurora Mental Health to lay off 111 employees, citing Medicaid funding cuts
Phillips-Henry said the organization is 'committed to ensuring that no client experiences a gap in care as a result of these closures'
Connections: Tyson Foods appoints chief accounting officer - Talk Business & Politics
Springdale-based meat producer Tyson Foods Inc. has named Phillip Thomas as its new chief accounting officer and controller effective April 6. He replaces Lori Bondar, who is stepping down and...
Senate Passes Ward Bill to Protect Fairness in Women’s Sports
Sens. Judy Ward (R-30) and Kristin Phillips-Hill (R-28) announced today the Senate approved legislation to preserve opportunities for female athletes at public schools and colleges by requiring scholastic sports teams to be designated based on biological sex.
Business of the Year: Jones Dairy Farm
Fort Atkinson’s Jones Dairy Farm was recognized as Thrive Economic Development’s Business of the Year, honoring the meat product producer for its
Matches To Make After UFC Winnipeg
UFC Winnipeg went down last night (Sat., April 18, 2026) inside Canada Life Centre in Winnipeg, Manitoba, Canada, which saw Mike Malott secure a stunning stoppage victory over Gilbert Burns in the third round of their Welterweight headliner (see it again here). In the co-main event, Charles Jourdain defeated Kyler Phillips via unanimous decision, while […]
CKD Screening With Mobile Health Units Reveals Disparities
Study investigator, Phillip Levy, MD, discusses the reality of how a zip code can impact CKD risk and treatment options.
Abby Phillip remains calm amid political chaos on CNN's 'NewsNight'
CNN anchor Abby Phillip is the calmest voice on viral \
Top 5: UFC Winnipeg ‘Fight of the Night’ candidates
A crowd-pleasing style had Kyler Phillips on the brink of contention in the Ultimate Fighting Championship bantamweight division not that long ago.
'American Idol' alum Justin Guarini's new girlfriend speaks out amid news of singer's quiet divorce
Justin Guarini's business partner Kim Walsh Phillips tells EW that her relationship with the 'American Idol' alum has 'developed into a romantic partnership of love' after the singer quietly got divorced.
After a health crisis, AdventHealth’s Community Care helped a Palm Coast man rebuild
When Phillip McKinney thinks about healing, he thinks about music. As a child, he would sit at his grandmother’s piano after church and play the final hymn by ear. It was where he first learned patience and perseverance. Years later, after losing his mother, his health began to decline.
New dean of the College of Health Sciences announced
UK Provost Robert DiPaola has named Phillip Gribble dean of the College of Health Sciences, pending Board of Trustees approval.
Ellie Heisler Joins Manatt, Phelps & Phillips as Firm Expands Creator Economy Activity With Hires in Entertainment Practice
Ellie Heisler has joined Manatt, Phelps & Phillips as a partner in its entertainment practice as the law firm looks to expand its activity in the creator economy and the emerging world of creators, in...
Manatt Recruits Nixon Peabody Entertainment Group Chief Heisler
Entertainment lawyers Ellie Heisler, Jessica Boardman, and Mike Lawhead joined Manatt, Phelps & Phillips as partners in Los Angeles, the firm announced Tuesday.
Edge rusher concerns linger for Eagles despite their recent addition
Despite signing Arnold Ebiketie, questions remain about the Eagles’ pass rush after losing Jaelan Phillips to Carolina. Here’s why Philly may still need help off the edge.
Nine most intriguing defensive additions during 2026 NFL free agency so far
Can Minkah Fitzpatrick and T'Vondre Sweat help reboot the Jets defense?
This Week in Sports Trivia: March 12, 2026
NFL free agency is always a whirlwind, and this year’s feeding frenzy has been as busy as ever. The legal tampering period — we have a great explainer on that here — ended Wednesday, with a host of deals finally becoming official. Moves included Daniel Jones re-upping with the Indianapolis Colts, Jaelan Phillips signing with the Carolina Panthers and Mike Evans ending a long run with the Tampa Bay Buccaneers in favor of a deal with the San Francisco 49ers. The biggest news of the week, though, was a trade that went down — until it didn’t. That, of course, was the Las Vegas...
In memoriam: Philip Bourne, founding dean of the School of Data Science
The leader, who propelled the school from a concept to national recognition, had battled mesothelioma.
New pharmacy professor working to advance mental health policy research
From data to decision-making, Philip Hughes is working to advance mental health policy research
New York Jets Flight Connections 03/01/26
Happy Sunday, Jets fans. Below are your daily Jets links. Robby Sabo – Aaron Glenn’s sleepiness isn’t the ‘Dunk on NY Jets’ you think it is Sharif Phillips-Keaton – Jets’ Aaron Glenn, Darren Mougey earn A’s in 2026 NFLPA report cards Stephen Parello – Jets’ Jermaine Johnson trade could fully unlock a Will McDonald breakout […]
Rhyming with reason: FSU expert explores the reading science behind Dr. Seuss books
Dr. Seuss Week is observed from Monday, March 2, through Friday, March 6, highlighting the significance of early reading through the quirky and rhythmic
BIG 12 ANNOUNCES FAN EXPERIENCES, ENTERTAINMENT AND COMMUNITY PROGRAMMING FOR 2026 PHILLIPS 66 BIG 12 MEN’S AND WOMEN’S BASKETBALL TOURNAMENTS
IRVING, Texas – Today, the Big 12 Conference announced various fan experiences, entertainment and community outreach programs as part of the 2026 Phillips 66 Big 12 Men’s and Women’s Basketball Tournaments, held at Kansas City’s T-Mobile Center.
Mays Business School Unveils Renovated Phillips 66 Trading Room - Mays Business School News
Texas A&M University’s Mays Business School celebrated the grand opening of the renovated Phillips 66 Trading Room, a specialized finance classroom that supports experiential learning across multiple finance programs. Originally established in 2000 and renamed in recognition of Phillips
Metro district legislation provides pragmatic, meaningful solution
By Sam Nizam Colorado needs more transparency and accountability in government… at all levels. And during the 2025 legislative session, one such bill made it through the process, improving transparency at the closest local level: metro districts. House Bill 25-1219, sponsored by Reps. Jacque Phillips and Carlos Barron and Sens. Kyle Mullica and Lisa Frizell, […]
Herd health key to staying in business
A hog farmer from western Missouri says herd health now determines whether producers stay in business. “If our hogs get a Porcine Reproductive and Respiratory Syndrome virus or Porcine epidemic diarrhea, it costs us so many millions of dollars.” Scott Phillips tells Brownfield prevention is a priority for his two sow farms in Cass County, […]
Reds' Connor Phillips: Competing for bullpen spot
Reds' Connor Phillips: Competing for bullpen spot
How the Rev. Jesse Jackson transformed American politics : Consider This from NPR
The Rev. Jesse Jackson died this week at the age of 84. The civil rights leader, minister, and protege of the Rev. Martin Luther King Jr. helped shape the modern Democratic Party.Abby Phillip is an anchor at CNN and the author of A Dream Deferred: Jesse Jackson and the Fight for Black Political Power. She says Jackson’s impact on politics can be traced back to his 1984 and 1988 failed presidential bids.The top of this episode features additional reporting from NPR's Cheryl Corley.This episode was produced by Erika Ryan and Connor Donevan with audio engineering by Hannah Gluvna and Ted Mebane. It was edited by John Ketchum. Our executive producer is Sami Yenigun.
‘So special’: Mr. Sticky’s named Small Business of the Year by Williamsport/Lycoming Chamber of Commerce
Phil Poorman never believed the health inspector’s word of doubt. Poorman, founder and owner of Mr. Sticky’s, the Phillips/Plankenhorn Small Business of the Year Award 2025 Recipient at the 140th annual Williamsport/Lycoming Chamber of Commerce Annual Banquet this week at Farrington Place, had other plans. Sweet success “We’ve gone through some hard times but we […]
Science policy education should start on campus
UC Santa Barbara professor Alexandra Phillips published a guide to help universities support student engagement in ocean policy.
Abby Phillip breaks down the history of racist imagery after Trump video
‘One Mile’ Trailer: Ryan Phillippe Stars In Two-Parter Survival Thriller From Republic Pictures & Kapital Entertainment
Paramount has released the official trailer for 'One Mile', a survival thriller starring and produced by Ryan Phillippe, from Kaplan Entertainment.
Lunch with Trump auctioned for $2M: Inside Florida Politics
USA Today Network of Florida panelists Antonio Fins, John Kennedy and Hannah Phillips discuss it all on the Inside Florida Politics podcast.
4 The Record: Business Climate in Greenville
Greenville Chamber President Carlos Phillips previews upcoming annual Chamber meeting
60 mind-blowing stats from 2025 NFL season: From Phillip Rivers to Cam Little and more
Get ready to take some Tylenol because your head is about to explode from all of these insane stats
Newport News creates a new vibe: City forms nonprofit to support entertainment events
Newport News will create a nonprofit called NNVibes to help coordinate large-scale entertainment events. This comes after Mayor Phillip Jones announced the city will host a major music festival lat…
Where Eagles' pending free agents rank on NFL-wide lists
The Eagles have some big-name free agents this year. Here’s a look at where they rank among the entire NFL.
Bills coaching search: Phillip Rivers withdraws from Buffalo consideration
The Bills coaching search loses a surprise candidate with Phillip Rivers reportedly out
Spears Business announces 2026 MSIS Cloud of Honor inductees ahead of 5th annual celebration
Jamie Adamson, Richard Amos, Dr. Bill Hardgrave and Ayana Spriggs Talley are entering the MSIS Cloud of Honor, which celebrates distinguished graduates of Oklahoma State University’s information systems programs. The fifth annual Cloud of Honor Celebration is Feb. 27 at the ConocoPhillips OSU Alumni Center.
Why a political matchup from 2024 could be reappearing this election
Ian Phillips announced he will run for Assembly in New York’s 126th District, potentially leading to a repeat matchup of 2024’s race.
Phillip Rivers return: NFL coaching searches could target Colts quarterback
NFL teams are researching Rivers as a coaching candidate
Opinion | Why New York City Needs Someone Like Mamdani
The new mayor is an entirely familiar type of New York politician.
NYC Health + Hospitals/Elmhurst Names Dr. Phillip Fairweather "2025 Physician of the Year" - NYC Health + Hospitals
NYC Health + Hospitals/Elmhurst and the Icahn School of Medicine at Mount Sinai are proud to announce that Chief Medical Information Officer Dr. Phillip
You may soon be able to change your Gmail address
A Google support page in Hindi says the feature is "gradually rolling out to all users."
Phillip Rivers will make second start for Colts in Week 16 against 49ers
A decision is in at quarterback for the Indianapolis Colts set to face the San Francisco 49ers
Abby Phillip’s 'A Dream Deferred' chronicles Jesse Jackson’s rise to political esteem : NPR's Book of the Day
Rev. Jesse Jackson is well-known as an icon of the American Civil Rights Movement, a protégé of Martin Luther King Jr., and a steadfast activist — but he has quite a past in electoral politics, too. A Dream Deferred charts Jackson’s rise to political prominence during his 1984 and 1988 presidential campaigns, as the first major Black candidate for U.S. president. In today’s episode, author and CNN anchor Abby Phillip talks with NPR’s Ayesha Rascoe about her debut biography, and how Jackson himself approached politics and activism with separate mindsets.To listen to Book of the Day sponsor-free and support NPR's book coverage, sign up for Book of the Day+ at plus.npr.org/bookoftheday