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Tuesday, November 9, 2021

Welcome to the Bankruptcy
Today Newsletter.

Your daily access to recent significant Chapter 11 case filings, relevant restructuring news and samples of some of our current distressed company profiles.

Featured Recent Filings

CourtFiledDebtorCase NoAttorneyAssetsLiabilities
C.D. Cal.11/8/2021Vision Adelante21-18528Sheila Esmaili$1M-$10M$1M-$10M
N.D. Ill.11/8/2021O'Hare Shell Partners, LLC21-12756Paul M. Bach$1M-$10M$1M-$10M
S.D. Tex.11/8/2021ORG GC Midco, LLC21-90015Alfredo R. Pérez$100M-$500M$100M-$500M
D. Mass.11/7/2021Auburn School LLC21-11620Michael Van Dam$1M-$10M$1M-$10M
D. Mass.11/7/2021School Place LLC21-11621Michael Van Dam$1M-$10M$1M-$10M
W.D. Pa.11/7/2021ABARTA Oil & Gas Co., LLC21-22406Paul J. Cordaro$1M-$10M$10M-$50M
E.D.N.Y.11/5/2021AJBM DELI LLC21-42812Alla Kachan$50K-$100K$100K-$500K
S.D.N.Y.11/5/2021Jamuna Taxi Corp. (Second Filing)21-11913Thomas A. Farinella$100K-$500K$100K-$500K
D. Nev.11/5/2021Amigo Construction, LLC21-15242Zachariah Larson$100K-$500K$100K-$500K
E.D. Mich.11/5/2021Lapeer Aviation, Inc.21-31500Zachary R. Tucker$0-$50K$100K-$500K
W.D. Pa.11/5/2021Noise Solutions [USA], Inc.21-10616Donald R. Calaiaro$0-$50K$1M-$10M
S.D. Ind.11/5/2021Indy Rail Connection, Inc.21-05022KC Cohen$0-$50K$500K-$1M
D. Utah11/5/2021Glaukom, LLC21-24757Andres Diaz$100K-$500K$1M-$10M
D.N.J.11/4/2021RTW Construction, Inc.21-18595Vincent Roldan$1M-$10M$1M-$10M
D. Ariz.11/4/2021AMADEUS THERAPY, INC.21-08245Harold E. Campbell$1M-$10M$1M-$10M
D. Md.11/4/2021Donegan Engineering Inc.21-16978Michael Coyle$0-$50K$50K-$100K
D. Or.11/4/2021BBS Holdings II, LLC21-32244Ted A. Troutman$500K-$1M$1M-$10M
C.D. Cal.11/3/20215019 Partners, LLC (Third Filing)21-18440Nancy Korompus$1M-$10M$1M-$10M
W.D. Pa.11/3/2021VAL Properties, LLC21-22384Donald R. Calaiaro$0-$50k$500k-$1M
S.D.W. Va.11/3/2021S K Transport Inc. (Second Filing)21-30262Joseph W. Caldwell and John J. Balenovich$1M-$10M$1M-$10M

View All Filings
Featured Article

Tenth Circuit Deepens Circuit Split over Constitutionality of Fee Increases for United States Trustee Program

On October 5, 2021, the Tenth Circuit joined the Second Circuit in concluding statutory fee increases that applied only to debtors filing for bankruptcy in judicial districts administered by the United States Trustee Program (the “US Trustee” or the “UST Program”) violated the U.S. Constitution’s requirement for “uniform” bankruptcy laws. This ruling exacerbates a burgeoning circuit split, as both the Fourth and the Fifth Circuits had previously rejected similar constitutional challenges. Although Congress has already addressed the potential constitutional infirmities created by these fee increases, debtors that paid excess fees during the relevant period may nonetheless pursue potentially substantial refunds.

The UST Program Administers Most, But Not All Bankruptcy Cases

In 1978, Congress sought to modernize bankruptcy case administration by establishing the UST Program. In subsequent years, Congress expanded the UST Program to encompass nearly every judicial district across the federal system. Only Alabama and North Carolina have declined to participate. As a result, so-called “Bankruptcy Administrators” still oversee bankruptcy cases in the six judicial districts comprising these two states.

Read the full article

Paul|Weiss by Martin J. Salvucci. Published November 5, 2021.

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