Bankruptcy & Restructuring News & Analysis
When the Lender Is the Shareholder: A San Diego Court Builds a Section 364(c) Framework and Picks California's Fairness Standard Over Delaware's
Finding little Ninth Circuit authority on point, the court adopted a four-factor test, held that heightened scrutiny displaces the business judgment factor for insider financing, and looked to the debtor's state of incorporation to choose the applicable fairness doctrine
A Blocked Vendor Code: Noble Supply Asks Delaware to Compel the Defense Logistics Agency, and the Government Answers With Setoff
Eleven days after filing, a defense logistics supplier found its payment code blocked by its largest customer. The resulting fight produced two competing proposed orders and no agreement on what the court decided.
Latvia's Flag Carrier Files in New York: A Fuel Shock, €503.3 Million of Funded Debt, and a Fleet to Shrink
Air Baltic Corporation AS entered chapter 11 on September 14, 2026 with an operating fleet it does not own, a state shareholder holding roughly 88 percent, and a business plan that turns on returning about twenty aircraft
The Spirit Airlines deidentified data sale: auction results, objections, and the September 30 hearing
The Debtors auctioned deidentified enterprise data on August 14, 2026 and selected Google LLC at $10 million. As of September 11, six objections, a consumer privacy ombudsman report and a $12.5 million competing bid notice were on file, and the sale hearing had been adjourned three times.
Camp Mystic: The Section 1104 Trustee Motion
On September 8, 2026, seventy-six days after the petition date, the Official Committee of Unsecured Creditors moved under section 1104(a) for appointment of a chapter 11 trustee over all four debtors. Two joinders and an objection to the debtors' competing governance motion were filed the same day