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Business Restructuring Review
In This Issue: The Year in Bankruptcy: 2025 A brief chronicle of the year's notable developments in corporate bankruptcy and restructuring, including business bankruptcy filings, significant court rulings, and legislative developments. [read more …] U.S. Bankruptcy Court Denies Chapter 15 Recognition of Maltese Liquidation Absent Evidence of Meaningful Activities Supporting Finding of COMI or Establishment in Malta In In re Geden Holdings, Ltd., No. 25-90138, 2025 WL 2484883 (Bankr. S.D. Tex. Aug. 28, 2025), stay pending appeal denied, No. 25-90138, 2026 WL 97993 (Bankr. S.D. Tex. Jan. 13, 2026), the U.S. Bankruptcy Court for the Southern District of Texas ruled that, for purposes of recognition under chapter 15 of the Bankruptcy Code, although a foreign debtor may have had its center of main interests ("COMI") or an establishment in Malta when a liquidation proceeding was commenced for it in a Maltese court in 2017, the absence of any meaningful activity by the debtor's liquidator from that time until the liquidator filed a chapter 15 petition in the United States more than five years later meant that the debtor had neither a COMI nor an establishment in Malta on the chapter 15 petition date. The court accordingly denied the petition for recognition. [read more …] The Ninth Circuit's Expansive Reading of "Financial Accommodations" that Cannot Be Assumed or Assigned in Bankruptcy It is generally well understood that agreements to extend credit or provide financing to a debtor cannot be assumed or assigned in bankruptcy. Even so, the provision of the Bankruptcy Code that precludes assumption or assignment—section 365(c)(2)—also extends to "financial accommodations," a term that is not defined in the Bankruptcy Code and has been the subject of relatively few bankruptcy and appellate court rulings. The U.S. Court of Appeals for the Ninth Circuit examined the meaning of the term in In re Svenhard's Swedish Bakery, 154 F.4th 1100 (9th Cir. 2025). The court of appeals ruled that a deeply discounted settlement of pension plan withdrawal liability is a "financial accommodation" that cannot be assumed or assigned, thereby extending the reach of section 365(c)(2) well beyond conventional lending arrangements. [read more …] Pennsylvania District Court Applies "Hypothetical Test" in Determining that Patent License Agreement Is Assignable in Bankruptcy In Crivella Holdings Ltd. v. Mesearch Media Technologies Ltd., No. 2:25-cv-333, 2025 WL 2443400 (W.D. Pa. Aug. 25, 2025), the U.S. District Court for the Western District of Pennsylvania affirmed a bankruptcy court ruling denying a software licensor's motion for relief from the automatic stay to terminate the license agreement. The court found the license was assumable in bankruptcy under the Third Circuit's hypothetical test as a result of language in the agreement stating that it could be assigned to a "successor in interest" of the debtor without the licensor's further consent, thereby overriding federal patent law's general prohibition against the assignment of patents. [read more …] New York Bankruptcy Court Denies Motion to Terminate Chapter 15 Recognition and Dismiss Chapter 15 Case In In re Oi S.A., No. 23-10193 (LGB), 2025 WL 2806591 (Bankr. S.D.N.Y. Oct. 1, 2025), the U.S. Bankruptcy Court for the Southern District of New York considered whether chapter 15 recognition of a debtor's Brazilian restructuring proceeding should be terminated and the case dismissed due to the debtors' financial deterioration and inability to satisfy its restructuring plan obligations after entry of the recognition order. The court denied the motion, concluding that recognition of the Brazilian proceeding and a court-approved restructuring plan for the debtors should not be terminated under section 1519(d) of the Bankruptcy Code—according to the court, the sole authority for revocation of chapter 15 recognition—because, among other things, the restructuring proceeding was still pending, the debtors might still need relief authorized under chapter 15, and the debtors' prospects for reorganizing under a hypothetical chapter 11 case were uncertain at best. It also found that no provision of the Bankruptcy Code authorizes the dismissal of a chapter 15 case. [read more …] Newsworthy Effective January 1, 2026, Jones Day welcomed Isel M. Perez (Miami), Andrew M. Butler (New York), Sid Pepels (Amsterdam), and Anna C. Bretting (Munich) to the partnership in the Business Restructuring & Reorganization Practice. Sid Pepels (Amsterdam) has been nominated for the Future Leader Award by the Global Restructuring Review, an organization that acknowledges and honors excellence within the global restructuring and insolvency sector. This award is designed to recognize exceptional contributions made by both individuals and firms in the field. The 2026 edition of Chambers UK recognized Ben Larkin (London) in the practice area Restructuring/Insolvency and Adam R. Brown (London) in the practice area Restructuring/Insolvency: Litigation. The 2026 edition of Chambers Asia-Pacific ranked Roger Dobson (Sydney) in the practice area Restructuring/Insolvency. An article written by Corinne Ball (New York) titled "Backstop Fees for Lenders in Chapter 11 Plans: Absent Market Test, Equality of Treatment Now Required in Fifth Circuit After 'ConvergeOne'" was published on November 12, 2025, in the New York Law Journal. An article written by Oliver S. Zeltner (Houston) titled "Delaware Bankruptcy Court: No Legal Authority for Chapter 11 Plan Gatekeeping Provision" was published on November 20, 2025, by Lexis Practical Guidance. An article written by Daniel J. Merrett (Atlanta) titled "First Impressions: Eleventh Circuit Rules that Annulment of Automatic Stay Does Not Violate U.S. Supreme Court's Prohibition of Nunc Pro Tunc Orders" was published on November 21, 2025, by Lexis Practical Guidance. An article written by Genna Ghaul (New York) titled "Iowa District Court: Avoidance Claims Cannot Be Encumbered by Pre-Bankruptcy Liens" was published on November 20, 2025, by Lexis Practical Guidance. An article written by Dan T. Moss (Washington/New York), Corinne Ball (New York), David S. Torborg (Washington), and Ben Rosenblum (New York) titled "New York Bankruptcy Court Rejects Challenge to Barnet Rule Permitting Foreign Debtors to Obtain Chapter 15 Recognition With Only Minimal U.S. Assets" was published on November 21, 2025, by Lexis Practical Guidance. The M&A Advisor has recognized the Silvergate Capital Corporation Bankruptcy case as the Chapter 11 Reorganization of the Year (over $5 billion) during its 20th Annual Turnaround Awards. Jones Day is listed among the professionals for the representation of Exploration Capital, which was led by Joshua M. Mester (Los Angeles). Lawyer Spotlight: Sid Pepels Sid Pepels, a partner in Jones Day's Amsterdam Office, litigates and advises clients on commercial and international insolvency matters, with a focus on complex restructurings and insolvencies. He has advised and litigated high-profile cases, including: the cross-border WHOA (Wet Homologatie Onderhands Akkoord) proceedings concerning Vroon Group and Diebold Nixdorf; proceedings on behalf of expropriated SNS Reaal bond holders against the Dutch State; the bankruptcy of Intertoys, the leading Dutch toys retailer; the restructuring of Oi, the Dutch finance vehicle of the Brazilian telecom giant; and Blokker, the leading Dutch home appliances retailer. Sid holds a Ph.D. in European insolvency law and regularly publishes in academic journals on topics of cross-border insolvency. He has been recognized in The Legal 500 Netherlands and was noted by his peers for being client-minded and a creative thinker with a "strong grasp of the law and strong interpersonal skills." Sid was also nominated for the "Future Leader" award at the Global Restructuring Review Awards 2025. He is a board member for the Netherlands Association for Comparative and International Insolvency Law and a NextGen member of the International Insolvency Institute.
Report: Wild Still Believe They Can Land Dylan Larkin
Michael Russo says the Wild still believe they can land Dylan Larkin. #RedWings
Larkin Will Miss First Two Games
Injured Dylan Larkin has been ruled out for the first two games of the Detroit Red Wings season. “He’s working […]
Red Wings Fans Boo Dylan Larkin Loudly Before Opener vs. Rangers
Red Wings fans booed Dylan Larkin during Opening Night introductions at Little Caesars Arena following his offseason trade request.
Report: Simon Edvinsson asked Detroit Red Wings for a trade
Simon Edvinsson reportedly has followed in the footsteps of Dylan Larkin and asked the Detroit Red Wings for a trade
Dylan Larkin Ruled Out for Opening Night
Dylan Larkin will miss the Red Wings season opener and Sunday's game with an upper-body injury. #RedWings
Wild Insider Agrees: Dylan Larkin Trade Feels Imminent
Michael Russo has heard about some movement behind the scenes in Detroit, and he thinks a decision on Dylan Larkin is close.
Dylan Larkin on Red Wings trade request: 'Personal stuff'
Dylan Larkin met with reporters on Sept. 17 for the first time since asking the Detroit Red Wings for a trade
Could Red Wings Find a Larkin Deal in The Stars?
The post Could Red Wings Find a Larkin Deal in The Stars? appeared first on Detroit Hockey Now. Two things appear to be virtual certainties regarding the trade request captain Dylan Larkin made to the Detroit Red Wings. […] The post Could Red Wings Find a Larkin Deal in The Stars? appeared first on Detroit Hockey Now.
Red Wings Larkin: ‘Not Ready to Go There Yet’
As former Detroit Red Wings captain Dylan Larkin spoke publicly for the first time about his trade request, it was […]
NHL Tonight: Unfinished Business
NHL Tonight: The crew talks Unfinished Business and the latest news on the Dylan Larkin trade situation
The Athletic Gives Red Wings Just 26% Playoff Odds
The Athletic put a hard number on Detroit's playoff chances, with and without Dylan Larkin. #RedWings
Carolina Hurricanes Dealt Major Dylan Larkin Trade News Amid Rumors
Per reports from The Detroit Free Press, Dylam Larkin has extended his trade list to 10 NHL teams, expanding on what was a group of three teams. The Dylan Larkin trade saga has been in full swing since the Detroit Red Wings star requested a trade from the organization amid several different rumors. Now, it […] The post Carolina Hurricanes Dealt Major Dylan Larkin Trade News Amid Rumors appeared first on HEAVY.
Red Wings Executive Makes Troubling Admission About Dylan Larkin’s Future
Red Wings executive Jimmy Devellano admits Dylan Larkin still wants to leave Detroit despite the organization's attempts to repair their relationship.
Detroit's Dylan Larkin 'wants to be' in Minnesota, insider says
With the season less than a month away, Dylan Larkin may still be focused on his exit from Detroit, with Minnesota as his preferred landing spot.
Bercow Radell Fernandez Larkin & Tapanes celebrates 30 years, announces leadership transition
'The best work of this firm is still ahead of us.'
Former Red Wings Executive Rips Detroit’s Current Direction
Former Red Wings executive Neil Smith says Detroit remains in “chaos” with its GM search and Dylan Larkin trade request unresolved.
Alex DeBrincat Sends Strong Message About Dylan Larkin
Alex DeBrincat delivered an emphatic show of support for Dylan Larkin amid continued questions about the center’s Red Wings future.
BREAKING: Red Wings Make Major Dylan Larkin Captaincy Decision
Dylan Larkin will report to Red Wings camp, but Detroit says it will begin the 2026-27 season without naming a captain.
Latest Dylan Larkin update reignites monster trade rumors
A new development in Detroit has once again raised major questions about what comes next for the former captain.
Barkov Timeline Throws Cold Water on Dylan Larkin Trade
Barkov's 10-to-12-week timeline gives Florida only temporary cap relief, cooling the Dylan Larkin trade talk. #RedWings
Rival GM Makes Eye-Opening Comment About Dylan Larkin Situation
Blue Jackets GM Don Waddell made an eye-opening comment that appears to reference the trade-market problem facing Dylan Larkin and Detroit.
Red Wings Fans React to Dylan Larkin Being Named No. 1 Star vs. Senators
Dylan Larkin had a goal and an assist and was named the No. 1 star as the Red Wings beat Ottawa 5-3 for their first win of the season.
NHL Executives Sound Alarm Over Red Wings Chaos
Rival NHL executives are openly criticizing the Red Wings' prolonged GM search and questioning Detroit's handling of Dylan Larkin.
What Changed For Red Wings Larkin?
The post What Changed For Red Wings Larkin? appeared first on Detroit Hockey Now. Shortly after the Detroit Red Wings again failed to make the playoff grade this spring, captain Dylan Larkin was emphatically […] The post What Changed For Red Wings Larkin? appeared first on Detroit Hockey Now.
Red Wings announce Dylan Larkin update, future with franchise still murky
Larkin's Red Wings future just got more complicated.
Socialists accused of 'motor mouth' rhetoric as longtime Dem strategist unloads on far-left candidate
James Carville fires back at DSA candidate Oliver Larkin ahead of Florida's primary election, calling Democratic Socialists a "pack of fools."
Larkin’s No-Trade Clause Still Decides Where He Goes Next
Dylan Larkin's no-trade list quietly grew by one team, and his return just raised the price. #RedWings
Wrestlers Jayden Larkin and Emily Welborn share sportsmanship mission
Jayden Larkin of Fountain Central and Emily Welborn showcase culture of sportsmanship developed in Lafayette area girls wrestling.
Red Wings Talking Larkin Trade With Stars?
The post Red Wings Talking Larkin Trade With Stars? appeared first on Detroit Hockey Now. First it was the Minnesota Wild as the favorite to trade for Detroit Red Wings captain Dylan Larkin. Then it […] The post Red Wings Talking Larkin Trade With Stars? appeared first on Detroit Hockey Now.
Report: Dylan Larkin Shut the Door on the Flyers
The Flyers asked about Dylan Larkin and were told they are not on his list. #RedWings
Larkin Will Be at Training Camp
The importance of Dylan Larkin attending the Detroit Red Wings training camp on Thursday is evident in even the most […]
Red Wings Fans Send Dylan Larkin Message During First Shift
Red Wings fans booed Dylan Larkin every time he touched the puck during his first shift of the 2026-27 season at Little Caesars Arena.
Steve Yzerman on Red Wings' Dylan Larkin trade request
GM Steve Yzerman made his first public comments since Dylan Larkin's request to be traded by the Detroit Red Wings to a contender.
Greater Cincinnati man faces multiple charges after breaking into, stealing from business
Gabriel Larkin was caught on security video breaking into the fenced lot of 2J Supply HVAC Distributor.
Lucas Raymond Has to Be Detroit’s Best Player
Dylan Larkin is out the first two games, so Lucas Raymond becomes Detroit's best player. #RedWings
Opinion: It’s Cleveland’s moment for military veterans
A test in Cleveland will help veterans receive safer, faster and better-informed care. writes Frank Larkin of Warrior Call.
Power Rankings: Teams With Best Shots at Landing Larkin
The post Power Rankings: Teams With Best Shots at Landing Larkin appeared first on Detroit Hockey Now. Dylan Larkin hasn’t said publicly what is his preference is for a trade destination. All we know is that he […] The post Power Rankings: Teams With Best Shots at Landing Larkin appeared first on Detroit Hockey Now.
Poll: Moderate Jared Moskowitz dominates Dem Primary against progressive Oliver Larkin
About two-thirds of Democratic voters said a moderate Democrat is a smarter choice in the new South Florida battleground.
Red Wings Star Center Breaks Silence on Trade Request
Detroit Red Wings star Dylan Larkin has finally addressed the media after previously requesting a trade from the team. The post Red Wings Star Center Breaks Silence on Trade Request appeared first on HEAVY.
Dylan Larkin is Back With Detroit Red Wings
Dylan Larkin returned to Red Wings practice after missing the start of camp with an upper-body injury, though his lineup status remains unclear.
Flyers get major news on Dylan Larkin trade rumors
Philadelphia would probably enjoy having Larkin.
Jared Moskowitz opens 32-point lead in CD 25 Democratic Primary
A new Beacon Insights survey puts him past 50%, more than doubling Oliver Larkin.
Sports Wrap, June 7: Teasley news conference, Vikings minicamp week, Twins, Lynx, and Dylan Larkin rumors
In case you missed it: Our Chris Long, Darren 'Doogie' Wolfson, and Alec Ausmus went back-and-forth Sunday night on Sports Wrap. The Vikings, Twins, Lynx, and Dylan Larkin to Wild trade rumors all came up.
Larkin ‘Ready to be Bottom of the Totem Pole Again’
After an offseason dominated by headlines with his name in them, former Red Wings captain Dylan Larkin seemingly would rather […]
Chris Ilitch Sends Message About Dylan Larkin’s Future
Chris Ilitch addresses Dylan Larkin's uncertain Red Wings future and delivers a message of support amid the former captain's trade request.
As free agency nears, the Wild have business to attend to beyond Dylan Larkin
Larkin is the player the Wild want, but they will also need to re-sign or replace players like Mats Zuccarello and Vladimir Tarasenko.
Red Wings Star Reveals Latest Larkin Contact Amid Trade Drama
Moritz Seider revealed his recent contact with Dylan Larkin and delivered a careful verdict on the captain's trade request. The post Red Wings Star Reveals Latest Larkin Contact Amid Trade Drama appeared first on HEAVY.
Friedman Floats a Theory on Larkin’s New Jersey Choice
Elliotte Friedman thinks there may be a reason New Jersey landed on Dylan Larkin's trade list. #LGRW
Dylan Larkin’s Status for Opening Night
Dylan Larkin has participated in six straight Detroit Red Wings practices, but his status remains uncertain for Friday’s season opener against the New York Rangers.
Red Wings Make Major Dylan Larkin Replacement Decision
The Red Wings are expected to use Andrew Copp between Alex DeBrincat and Lucas Raymond while Dylan Larkin misses the first two games.
McLellan Sets the Tone as Red Wings Head West
The Red Wings head out for four straight with the Dylan Larkin question still unresolved. #RedWings
Red Wings Larkin Back on Ice; Won’t Play Thursday
The latest twist in the saga of former Detroit Red Wings captain Dylan Larkin saw him return to the ice […]
It's official, Dylan Larkin has expanded his trade list
Stevie Y's list of dance partners just got longer.
Apologies Extended to Former Red Wings Captain Over Ceremony Disruptions
Dylan Larkin isn’t the only former Detroit Red Wings captain hearing the boo birds recently. Henrik Zetterberg was also the […]
Dylan Larkin Reveals Why He Refused to Over-Celebrate Goal
Dylan Larkin explained why he intentionally kept his goal celebration subdued after being booed by Detroit Red Wings fans Tuesday night.
Dylan Larkin Showed Up. Connor Hellebuyck Did Not.
Dylan Larkin is playing through his trade request while Connor Hellebuyck sits suspended without pay. #RedWings
There is still some unsettled business in the NHL offseason: Red Wings GM, Dylan Larkin, Connor Hellebuyck, Adam Fantilli and more
The start of the 2026-27 NHL season is a little more than a month away, and there are still a few big storylines that still need to be settled around the league. Let’s talk about some of them… 1. The Detroit Red Wings still need a general manager, and that person has to figure out what to do with Dylan Larkin The Red Wings are definitely not the worst team in the league, but this is still a pretty chaotic situation where things are looking quite grim from the outside. They have not really done much to meaningfully improve a roster that has proven time and time again it is not good enough to make the playoffs or be a contender. They still have $19 million in unused salary cap space. The Yzer-plan has officially come to an end with general manager Steve Yzerman being moved elsewhere in the organization, while ownership seems to be taking its sweet time finding a replacement. One of their top young players, defenseman Simon Edvinsson, remains unsigned as a restricted free agent and has nobody to negotiate a new contract with at the moment. The longer that drags out into training camp, the worse that is going to be for the team, himself and his development. They still have the Dylan Larkin situation lingering over everything as their captain, longest-tenured player, and one of their best players has a trade request that has yet to be fulfilled. The entire situation is also on hold until a new general manager comes in and figures out what to do with Larkin and whether or not his request will be honored. But the latter point brings up another potential question and issue: What if a new general manager comes in and is able to convince Larkin to stay in Detroit? Is that beyond the realm of possibility? Is it really a stretch to think that Larkin’s issue was more of an Yzerman issue than a Red Wings issue? While Larkin has never said anything specifically about his relationship with Yzerman, it’s pretty clear that he did not share the vision for the franchise, or the way the team was being run and constructed. Now that somebody else is going to be running the show, there might be a door for Larkin to walk back in through. Even that brings its own set of potentially chaotic outcomes and questions, ranging from whether or not the Red Wings locker room will welcome him back as their captain, to whether or not the fan-base will be willing to do the same. I imagine the former will be a far easier sell than the latter, and even then nothing cures issues in professional sports quite like winning. They just need to find somebody that can actually turn them back into winners. For now, and based on everything we know, Larkin’s trade request still stands, and still includes just four teams he is willing to accept a trade to, including the Vegas Golden Knights, Minnesota Wild, Florida Panthers and Dallas Stars. Minnesota remains the best potential fit from a hockey and positional standpoint, but the Wild simply do not have the type of trade assets or young talent that should interest the Red Wings. None of the other three teams seem to be in any better of a situation. Nothing about this seems fun for the Red Wings. 2. Will Connor Hellebuyck be a Winnipeg Jet this season? Subscribe
Minnesota Wild Still Heavily Pursuing Dylan Larkin
The conclusion of the Detroit Red Wings Dylan Larkin saga has taken longer than anticipated as NHL training camp draws near and yet the captain still remains with his squad after requesting a trade earlier in the summer. Perhaps, this is a move that will not take place until Detroit finds a new GM to […] The post Minnesota Wild Still Heavily Pursuing Dylan Larkin appeared first on HEAVY.
Detroit Red Wings are ‘screwed’ after Dylan Larkin trade request
The Detroit Red Wings entered the offseason facing difficult questions, and the full picture is finally unfurling. Dylan Larkin‘s trade request has now turned those questions into a full-scale organizational crisis. The longtime captain reportedly wants out after 11 NHL…
Gender Politics and the Weaponization of Personal Data
Katelyn Ringrose, CJ Larkin, Os Keyes, and Jay T. Conrad explain how federal policies are weaponizing data to target transgender and gender diverse communities.
Red Wings Find Footing With Larkin in Lineup
DETROIT- In his first game back with the Red Wings former captain Dylan Larkin earned Detroit their first lead of […]
Intriguing Prospect Emerges in Dylan Larkin Trade Rumors
Canadiens prospect Michael Hage has surfaced in Dylan Larkin trade speculation, but one major obstacle still stands between Detroit and Montreal.