Updates to Bankruptcy Trackers for March 2022 | Practical Law

Updates to Bankruptcy Trackers for March 2022 | Practical Law

A list of recently published updates to bankruptcy case development and industry development trackers. The trackers are updated periodically to reflect key decisions and changes in the bankruptcy market. The trackers also contain links to underlying case decisions, motions, orders, other public pleadings, and summaries on the What's Market Database.

Updates to Bankruptcy Trackers for March 2022

Practical Law Legal Update w-034-8240 (Approx. 8 pages)

Updates to Bankruptcy Trackers for March 2022

by Practical Law Bankruptcy & Restructuring
Law stated as of 31 Mar 2022USA (National/Federal)
A list of recently published updates to bankruptcy case development and industry development trackers. The trackers are updated periodically to reflect key decisions and changes in the bankruptcy market. The trackers also contain links to underlying case decisions, motions, orders, other public pleadings, and summaries on the What's Market Database.

Case Trackers

Bankruptcy: Legal Updates Tracker

A table of bankruptcy decision summaries from across all US jurisdictions. The table contains links to both the decision and an expansive legal update. Cases are sorted by sub-topic, in reverse chronological order in the Bankruptcy: Legal Updates Tracker.
For summaries and links to decisions, see the Bankruptcy: Legal Updates Tracker.

Bankruptcy: Chapter 15 Case Tracker

A table of key Chapter 15 corporate bankruptcy cases filed in all jurisdictions across the US, dating from January 2018 to the present. Cases are sorted both by industry and alphabetically and contain links to certain pertinent pleadings.
The Bankruptcy: Chapter 15 Case Tracker has been updated this month to include the following Chapter 15 cases:

Bankruptcy: Circuit Case Tracker

A table of 2017, 2018, and 2019 bankruptcy decision summaries from across all US jurisdictions. The table contains links to both the decisions and more expansive legal updates, where applicable. Cases are sorted by jurisdiction, in reverse chronological order.
Summaries and links to the following decisions were included in the Bankruptcy: Circuit Case Tracker this month:
For summaries and links to decisions, see the Bankruptcy: Circuit Case Tracker.

Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker

Tables showing splits of authority among different federal courts on a circuit, district or bankruptcy court level, which can be used when a debtor has a choice of venue for filing its petition. The tables show how the bankruptcy, district, or circuit courts held on certain issues that may arise in a bankruptcy case.
The Practice Note, Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker has been updated to account for recent circuit, district, or bankruptcy court decisions reflecting a split of authority on the following subject matters:
  • We updated section Trustee Fees and Compensation to add a recent decision of the US District Court for the District of Idaho, reversing the Bankruptcy Court and finding that a Chapter 13 trustee can retain its percentage fee under 28 U.S.C. § 586(e)(2) even if the plan is not confirmed, reversing the Bankruptcy Court.
  • We updated section Eligibility to be a Small Business Debtor to add a recent decision by the U.S. Bankruptcy Court for the District of New Mexico adopting the majority opinion that subchapter V debtors must be engaged in commercial or business activities on the petition date.
  • We updated section Interest Rate to add a recent decision of the US Bankruptcy Court for the District of Delaware holding that being unimpaired does not mandate payment of the contract rate of interest to unsecured creditors on their claims.
  • We updated section Relief for Failure to Disclose an Asset by Debtor to add a recent decision of the US District Court for the W.D. Kentucky applying judicial estoppel where the debtor made no effort to alert the bankruptcy court of an undisclosed civil action.
  • We updated section Waiver – Section 544(b) claims to add a recent decision by the US Court of Appeals for the Fourth Circuit holding that the IRS does not have sovereign immunity to escape liability for an avoidable transfer (receipt of tax penalties) under section 544(b) and noting further that by filing a proof of claim, the IRS waived sovereign immunity with respect to that claim.
For recent circuit, district, or bankruptcy court decisions reflecting a split of authority, see the Bankruptcy: Splits of Authority Among Circuit, District, and Bankruptcy Courts Tracker.

Industry Trackers

Bankruptcy: COVID-19 Case Tracker

This tracker includes bankruptcy cases where the novel coronavirus disease (COVID-19) contributed to the company's financial condition or its ability to reorganize, bankruptcy cases with issues arising under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), foreign country restructurings and liquidations, and companies facing distress largely because of the COVID-19 outbreak.
For Bankruptcy & Restructuring resources related to COVID-19, see COVID-19: Bankruptcy and Restructuring (US) Aspects Tracker.
For more information on Practical Law's coverage of COVID-19 across the world, see Global Coronavirus Toolkit.

Bankruptcy: Active Restaurant and Food Retail Case Tracker

Tables of key restaurant and food retail bankruptcy cases dating from March 2016 through the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market Database. Cases are sorted by case type and outcome, in reverse chronological order.
For summaries of closed restaurant and food retail cases, see Practice Note, Bankruptcy: Closed Restaurant and Food Retail Case Tracker.

Bankruptcy: Active Retail Case Tracker

A table of key retail bankruptcy cases dating from January 2017 through the present. Cases are sorted by sub-topic, in reverse chronological order and contain links to bankruptcy pleadings and summaries on the What's Market Database.
For summaries of closed retail cases, see Practice Note, Bankruptcy: Closed Retail Case Tracker.

Bankruptcy: Energy Industry Tracker

Tables of key oil, gas, and coal bankruptcy cases dating from November 2018 through the present. The cases are sorted in two tables: active cases and confirmed cases. Within each table, cases are listed in reverse chronological order based on petition date. The tables contain links to bankruptcy pleadings and summaries on the What's Market database.
For summaries of oil, gas, and coal bankruptcy cases, see Practice Note, Bankruptcy: Energy Industry Tracker.

Bankruptcy: Fraud Tracker

This table tracks corporate bankruptcy filings from 2016 to the present that involve fraudulent activity, sorted by type of fraud with links to first day motion filings and other relevant bankruptcy pleadings.
For summaries of bankruptcy cases involving fraud, see Bankruptcy: Fraud Tracker.
For more information on fraud in corporate bankruptcies, see Practice Note, Fraud Bankruptcies: Overview and Fraud in Bankruptcy & Restructuring Toolkit.

Bankruptcy: Distressed Retail Companies Tracker

A table of retail companies facing distress from January 2017 through the present. Companies in distress are sorted alphabetically and include key parties and links to relevant SEC filings.
For the latest on companies facing financial distress, see Practice Note, Bankruptcy: Distressed Retail Companies Tracker.

Bankruptcy: Hospitals and Nursing Homes Industry Tracker

Tables of key hospital and nursing home bankruptcy cases dating from February 2019 to the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order based on the petition date.
For summaries of hospital and nursing home bankruptcy cases, see Bankruptcy: Hospitals and Nursing Home Industry Tracker.
For summaries of closed hospital and nursing home cases, see Bankruptcy: Closed Hospitals and Nursing Homes Industry Tracker.

Bankruptcy: Mass Tort Tracker

A table of key bankruptcy cases involving mass torts dating from December 2018 to the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in reverse chronological order based on the petition date.
For summaries of mass tort bankruptcy cases, see Bankruptcy: Mass Tort Tracker.

Bankruptcy: Media Industry Tracker

Tables of media industry bankruptcy cases, dating from November 2018 through the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order based on the petition date.

Bankruptcy: Transportation Industry Tracker

Tables of key bankruptcy cases in the transportation industry, with companies listing more than $10 million of either assets or liabilities, from January 2019 to the present. The tables contain links to pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order, based on petition date.
For summaries of transportation industry bankruptcy cases, see Bankruptcy: Transportation Industry Tracker.

Bankruptcy: Pharmaceutical Industry Tracker

Tables of key pharmaceutical cases dating from December 2018 through the present. The tables contain links to bankruptcy pleadings and summaries on the What's Market database. Cases are listed in two tables, active and confirmed cases. Within each table, the cases are listed in reverse chronological order based on the petition date.
The Bankruptcy: Pharmaceutical Industry Tracker has been updated this month to include the following new cases:
For summaries of pharmaceutical industry bankruptcy cases, see Bankruptcy: Pharmaceutical Industry Tracker.

Bankruptcy: Startups Tracker

Tables of startup company bankruptcy cases dating from November 2018 to the present. The tables contain links to pleadings and summaries on the What's Market database. Cases are grouped by the state where they were filed and, within each state's table, the cases are listed in reverse chronological order, based on petition date.
For summaries of startup bankruptcy cases, see Bankruptcy: Startups Tracker.