Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

Consignment Arrangements: Dos & Don’ts to Avoid Getting Hurt By Jonathan Friedland • November 25, 2020
What Happens When Your Consignee Becomes Distressed and What You Can Do I was speaking with a client yesterday about consignment arrangements. What we discussed should be of interest to…
Analyzing Executory Contracts: Can AI Save Us from The Contract Tsunami? By Neil Peretz • November 18, 2020
The Overlooked (Giant) Asset Class: Executory Contracts In today’s world, one of the most important sources of assets and liabilities for a debtor is its executory contracts. Companies that were…
Rich Man, Poor Man . . . Hurry Up, Man: Wash Away Personal Guarantees Quickly By Jonathan Friedland • October 26, 2020
Facing Personal Liability for Business Debts? Who Ya’ Gonna Call?1 People who are not bankruptcy experts but who know something about the subject tend to put all bankruptcy attorneys into…
90 Second Lesson: Carve-Outs for Unsecured Creditors By The DailyDAC Editors • October 23, 2020
How Does a Fee Carve-Out Relate to A Carve-Out for Unsecured Creditors? [Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have…
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…
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