News & Publications

An increasingly common feature of the chapter 11 landscape is the use of a post-bankruptcy trust to deliver value to creditors. Trusts offer an efficient vehicle to provide a recovery to creditors if the value to be distributed is not immediately accessible upon the effectiveness of a plan and will instead be monetized over time. In those cases, leaving the debtor in control of distributions to creditors is impossible because the monetization process requires oversight [...]

On September 12, 2024, the U.S. Court of Appeals for the Eighth Circuit nixed a $563 million jury verdict against BMO Harris Bank involving claims that the bank aided and abetted a multibillion-dollar Ponzi scheme, ruling that the bank's equitable defense of in pari delicto barred the suit. The appeal was the latest of a long string of disputes arising from Thomas Petters's Ponzi scheme. After the scheme collapsed, one of Petter's companies, Petters Company, [...]

Schulte Roth & Zabel partner Douglas Mintz recently shared his insights on the decline of liquidations in bankruptcy, which have hit their lowest point in 15 years due to private credit, fees and out-of-court deals, among other factors. Doug recently told The Deal that "The market's gotten more efficient at how it deals with distress. You have different players than you used to have who pride themselves on efficiency — private credit providers versus banks pride themselves [...]