Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

Which Creditors Get Paid First? The Liquidation Order of (Absolute) Priority By Patrick Maxcy • May 6, 2021
What is the Hierarchy of Claims Under the Absolute Priority Rule? If you are a vendor, service provider, or another unsecured creditor to a chapter 11 debtor, you cannot be…
Dealing with Corporate Distress 07: Chapter 11 is Not Always the Answer: Strategic Alternatives For and Against Distressed Businesses By Jonathan Friedland • April 27, 2021
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In Installment 5, we walked through the lifecycle of a hypothetical traditional chapter 11, and in Installment 6 we discussed key…
3 Special Issues in Healthcare Restructurings By Gary W. Marsh • April 23, 2021
2020 Saw Increased Healthcare Provider Bankruptcies. What Should Companies & Restructuring Professionals Know Moving Forward? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and…
90 Second Lesson: What is an Exchange Offer? By The DailyDAC Editors • April 16, 2021
Why a Distressed Company May Make an Exchange Offer During Financial Restructuring Question Fred T. asks: “I own securities of a company and heard on the news that [the company]…
What is Venue, and When Is Venue Transfer Permissible in Bankruptcy Litigation? By Michele Schechter • April 9, 2021
A Panel Discussion on the Choice and Challenges of Bankruptcy Venue and Venue Transfers In bankruptcy litigation, the venue can have a major influence on an outcome. We selected expert…
Steps a Supplier Can Take in the Face of a Potentially Bankrupt Retailer By Erin N. Brady • April 1, 2021
Adequate Assurance, Suspended Delivery, and Other Rights and Remedies of a Supplier to a Bankrupt Retailer The impending bankruptcy of a retailer is one of the most stressful experiences that…
Recruiting Post-Bankruptcy Board Directors in the Pandemic Aftermath By Steven Seiden • March 26, 2021
How to Develop Board Committees Equipped for a New Landscape As Covid induced bankruptcies proliferate, creditors who become stockholders will need to focus not only on the future financial health…
90 Second Lesson: The (Arguable) Right to Credit Bid in Plan Sales By The DailyDAC Editors • March 17, 2021
Understanding the Right to Credit Bid After Radlax [Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it…
What Constitutes the “Legal Rate” in a Solvent Debtor Bankruptcy Case? By Melanie L. Cyganowski • March 11, 2021
Defining the Legal Rate in a Solvent Debtor Bankruptcy Using Contract Rate and States’ Statutory Rates of Interest Chapter 11 bankruptcies generally find the debtor to be insolvent, but not…
Third-Party Litigation Funding (TPLF) and Issues It Creates In Bankruptcy By Thomas J. Salerno • March 2, 2021
Investing in Litigation - The Bankruptcy Code and Third-Party Funding Third-party litigation funding ("TPLF") is, beyond a doubt, here to stay. In bankruptcy cases, TPLF arises in a number of…
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