Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

Who Gets Paid First (and Second, Third, etc.) in Bankruptcy By Patrick Maxcy • September 25, 2023
Who makes the top of the list in the order of priority? See where you fall based on the absolute priority rule.
90 Second Lesson: Is a Business Turnaround Still Possible? By The DailyDAC Editors • September 18, 2023
When is a business turnaround no longer viable? Ask these questions to determine if you or your client’s business can be saved.
The Order of Claims in Bankruptcy: Absolute Priority Rule, Structured Dismissals, and More By Phillip D. Anker • September 11, 2023
The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?
90 Second Lesson: Selling Collateral in a 363 Sale vs. Article 9 Sale By The DailyDAC Editors • September 3, 2023
Why would a secured creditor prefer to sell its collateral outside of bankruptcy? Here’s how time, money, and control differ in a 363 sale vs Article 9 sale.
Uptier Transactions and Other Lender-on-Lender Violence: The Potential for More Litigation and Disputes on the Horizon By Laura Davis Jones and Jonathan Kim • August 23, 2023
Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.
Dealing with Corporate Distress 19: Buying & Selling Distressed Businesses in Bankruptcy: An Overview of Bankruptcy Code § 363 By Jonathan Friedland, Robert Glantz and Jeffrey Schwartz • August 16, 2023
A distressed business has a multitude of options to explore. Understand how Bankruptcy Code Section 363 works during a business bankruptcy.
90 Second Lesson: Distressed Real Estate vs. Operating A Business In Distress By The DailyDAC Editors • August 9, 2023
Understand the ways in which distressed real estate is different from when an operating business in distress.
90 Second Lesson: What is the “In Pari Delicto” Defense? By The DailyDAC Editors • August 7, 2023
Understand what the "in pari delicto" defense is and how it can be used in a bankruptcy proceeding to protect yourself.
How Geography Shapes the Receivership Process: Washington State Ain’t Minnesota By Al Davis • July 20, 2023
The statutes that dictate how to start and manage a receivership may differ depending on the state. One thing is for sure: Washington state a’int Minnesota.
Top 12 Mistakes Made in Documenting a Commercial Loan By Robert Glantz and Jonathan Friedland • July 17, 2023
There are a number of mistakes that can be made in documenting a commercial loan. Learn the top 12 mistakes to avoid.