Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

Lender vs Debtor on the Payment of Post-Petition Interest By Christopher M. Cahill • October 16, 2020
The Battle Over Post-Petition Interest for Oversecured Creditors In bankruptcy, an oversecured creditor (in which the value of its collateral is higher than its claim) is first in line to…
Fraudulent Transfer Remedies: How Much is Enough? By Laura Davis Jones • October 9, 2020
Examining the TOUSA Case Ruling on Fraudulent Transfers One of the most powerful tools in the Bankruptcy Code available to bankruptcy trustees (or other estate representatives) to maximize the recovery…
The Order of Claims in Bankruptcy: Absolute Priority Rule, Structured Dismissals and More By Phillip D. Anker • October 2, 2020
Are the Rules Really “Absolute?” At its core, corporate bankruptcy addresses the problem of the “inadequate pie.” While occasionally the debtor will be solvent, in most cases, the debtor will,…
The Independent Director Role in Optimizing Corporate Workouts and Bankruptcy Outcomes By Elizabeth Vandesteeg • September 25, 2020
How Can Special Committees Influence Your Bankruptcy? The appointment of independent directors may benefit a financially distressed business throughout its restructuring process, including during a bankruptcy case. An outside voice…
“Bankruptcy filings are mounting. And that’s just the tip of the iceberg” – – – A Dissection & Analysis By Jonathan Friedland • September 22, 2020
[Editor’s Note: This is a republished article. The original article was published on LinkedIn on September 20, 2020.]   There has been a significant uptick in the number of articles…
Potential Pitfalls and Opportunities in Healthcare Restructuring By Gregory Kopacz • September 17, 2020
How Unique Issues in Healthcare Restructuring Set It Apart from Corporate Restructuring   Over the past decade, arguably no industry experienced such dramatic regulatory change or consistent legislative uncertainty as…
An Introduction to Bankruptcy Claims Trading By Timothy C. Bennett • September 9, 2020
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…
A Non-Debtor Perspective on Executory Contracts By David S. Lorry • September 2, 2020
A Non-Debtor’s Rights in the Treatment of Executory Contracts     Among the most powerful and best known tools that the Bankruptcy Code provides a debtor is the ability to…
The Northwest Company LLC – Court Rejects Debtors’ Choice of Successful Bidder, Names Formerly Back-Up Bidder Ashford as Auction Winner By Bankruptcydata.com • August 28, 2020
August 25, 2020 – In an unusual twist to an unusual asset sale process, the Court hearing the Northwest Company cases approved the $31.46mn sale of the Debtors’ assets to…
When are Goods ‘Received by the Debtor’ for Purposes of a Section 503(b)(9) Administrative Expense Claim? By Russell C. Silberglied • August 25, 2020
Two Decisions that Clarify “Receipt” of Goods in Administrative Expense Claims   Section 503(b)(9) of the Bankruptcy Code1 allows a creditor an administrative expense claim (i.e., a claim with payment…
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