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Third-Party Litigation Funding (TPLF) and Ethical Issues In Bankruptcy By Thomas J. Salerno • September 26, 2022
TPLF represents billions in litigation investing. Litigation funding in the US rose to $2.8 billion last year — $17 billion worldwide. Read about ethical risks looming large.
Dealing with Corporate Distress 12: Meet Our Little Friend, The UCC By Jonathan Friedland • September 12, 2022
In this installment we introduce you to the UCC generally, focusing on Article 9 to illustrate its importance in the context of business distress.
Commercial Real Estate Tenant Bankruptcy — What To Do By Paul R. Hage • September 5, 2022
When a commercial real estate tenant files a chapter 11 bankruptcy case, the landlord faces unfamiliar issues. Although each case is unique, this article provides a basic overview of the issues commercial landlords could run into.
The Road to an Assignment for the Benefit of Creditors (ABC): A Case Study By Howard Korenthal • August 29, 2022
Assignment for Benefit of Creditors (ABC) might mitigate loss and preserve going-concern value for the company and its secured creditor.
Assess 3 Potential Preference Action Defenses By Robert C. Maddox • August 22, 2022
These 3 preference action defenses options involve a detailed analysis of historical business interactions and utilization of records to support your transactions.
Dealing with Corporate Distress 11: How to Protect Your Claim In & Out of Bankruptcy By Jonathan Friedland • August 15, 2022
A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured to unsecured, to bankruptcy and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment covers…
The “A&P” Chapter 22 Bankruptcy Saga: A Canary in the Coal Mine By Brad Daniel • August 8, 2022
On July 20, 2015, the Great Atlantic & Pacific Tea Company, made history by filing what we in the restructuring industry like to call “Chapter 22 Bankruptcy.” Read more to see how this case unfolded and what it means for…
Dealing With Defaults Under Article 9 of UCC: A Player’s Guide for the 21st Century By The DailyDAC Editors • July 22, 2022
What are the legal remedies available under Article 9 of the UCC to a lender whose loan is secured by the personal property of a borrower who is in default? How can these legal remedies can be implemented in practice?
Ponzi Scheme Lender May Be Off The Hook, After All: A Case Study By Tricia Schwallier • July 14, 2022
The Sixth Circuit would quote Ohio case law to explain that “A contract of novation is created where a previous valid obligation is extinguished by a new valid contract, with the consent of all the parties, and based on valid…
An Introduction to Bankruptcy Claims Trading By Timothy C. Bennett • July 7, 2022
A Primer on the Bankruptcy Claims Marketplace Upon the filing of a bankruptcy petition by a debtor in a U.S. chapter 11 proceeding, any attempts to collect debt by a creditor are halted. As a result, creditors face the daunting…