Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

90 Second Lesson: First Step Before Buying a Distressed Business By The DailyDAC Editors • August 7, 2020
How Types of Sales Affect the Purchase of a Distressed Business   Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have…
Force Majeure, MAC Clauses & COVID-19: A Court Speaks to Every Commercial Tenant in the United States By Jonathan Friedland • July 31, 2020
Why You Should Include a Force Majeure Clause in Lease Agreements     The Northern District of Illinois delivered a victory last month for a tenant who could not operate…
Limiting Credit Bidding in Section 363 Bankruptcy Sales Post-In Re Aéropostale, Inc. By Luke Smith • July 29, 2020
Chilled Credit Bidding and the Section 363 Sale   Section 363(k) of the Bankruptcy Code (the “Code”) allows a secured creditor to bid at a section 363 sale and use…
Kuney’s Corner: The Secured Creditor’s Counter Strike – Section 1111(b) Election By George Kuney • July 24, 2020
Section 1111(b) Election: A Countermeasure for Undersecured, Secured Creditors   Mathew 5:29 - And if thy right eye offend thee, pluck it out, and cast it from thee: for it…
90 Second Lesson: Selling Collateral in a 363 Sale vs Article 9 Sale By The DailyDAC Editors • July 17, 2020
Why a Secured Creditor May Push to Sell Collateral Outside of Bankruptcy   Editors’ Note: This is part of our irregular series in which we answer readers’ questions. If you…
Dealing with Corporate Distress 04: Chapter 11—If You’ve Seen One, You’ve Seen Them All By Jonathan Friedland • July 10, 2020
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency This installment of our series is required reading for the next, which attempts the audacious task of describing a “typical” chapter…
How to Discharge Student Loan Debt in Bankruptcy – Yes, It’s Possible! By Kristina Parren • July 9, 2020
The Complexity of Student Loan Debt in Bankruptcy… Demystified   Student loan debt has hit a record $1.6 trillion. This number is staggering on its own, but as millions of…
90 Second Lesson: Deciphering California Receiverships By The DailyDAC Editors • July 2, 2020
Understanding California Receiverships Through California CCP   Editors’ Note: This is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to…
6 Common Mistakes in Drafting Collateral Descriptions By Jennifer Howard • June 26, 2020
Avoid These Costly Errors in Collateral Descriptions   Drafting can easily go awry. When collateral descriptions are drafted errantly in security agreements and financing statements, secured creditors may not get…
Convertible Securities: Appealing in this Uncertain Market By Reprinted by permission from The Turnaround Letter • June 17, 2020
The market has changed a lot since our last look at convertible bonds about six months ago. Not only has the stock market been shaken by the potential fall-out from…
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