Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

90 Second Lesson: What is a UCC Article 9 Sale? By The DailyDAC Editors • July 30, 2021
An Introduction to UCC Article 9 Question: What is it? Jack B. emailed, asking, “Please explain what an Article 9 sale is. My lawyer said that if I give a…
Alternative Debtor Management? Discharge Your Fiduciary Duty at $1,155 Per Hour! By Thomas J. Salerno • July 22, 2021
Examining the “Fiduciary for Hire” and the NRA’s Bad Faith Bankruptcy “When in doubt, mumble, when in trouble, delegate, when in charge, ponder.” - James H. Boren, When In Doubt,…
The Nuts & Bolts of Ipso Facto Clauses and Golden Share Arrangements That May Sidestep the Bankruptcy Code’s Prohibition By Laura Davis Jones • July 15, 2021
When are Ipso Facto Clauses and Golden Share Arrangements Enforceable in Bankruptcy? “Termination on bankruptcy” provisions—ipso facto clauses—are commonly used in many types of business contracts, providing for the termination…
90 Second Lesson: Stalking Horse Bid, Yay or Neigh? By The DailyDAC Editors • July 8, 2021
The Pros and Cons of a Stalking Horse Bid Question: Why Be A Stalking Horse Bidder? A stalking horse bid is an initial bid on a distressed company’s assets made…
Trade Tip #5: How do you assert your reclamation rights? By Hajar Jouglaf • July 6, 2021
Section 546(c) of the Bankruptcy Code and the Uniform Commercial Code permit a creditor to make a timely written reclamation demand to the debtor to recover goods sold in the…
3 Issues for Vendors to Consider When Their Customer Files Bankruptcy By Michael A. Brandess • July 2, 2021
Trade Creditors Still Have Options In the Event of a Customer Bankruptcy When a customer files bankruptcy, vendors can be exposed to considerable losses if they have debts owed by…
Trade Tip #4: What is a § 341(a) meeting? By Hajar Jouglaf • June 30, 2021
Section 341 of the Bankruptcy Code requires the U.S. trustee to hold a meeting of creditors (usually in the first 60 days after the petition date) to give creditors and…
How to Protect Your IP Rights When Your Licensor Files for Bankruptcy By Jonathan Guy • June 25, 2021
What Companies Can Do to Protect Their IP Rights in Bankruptcy The Kodak case brought into sharp focus the treatment of intellectual property rights in bankruptcy. Inventor of the roll-film…
Trade Tip #3 By Hajar Jouglaf • June 24, 2021
If your customer filed bankruptcy, first find out whether the bankruptcy is a chapter 11 or chapter 7. Generally, debtor continues to operate under chapter 11 and ceases operations under…
What Secured Lenders Should Know If Their Borrower Files for Bankruptcy By Robert D. Leavitt • June 20, 2021
When a Borrower Files for Bankruptcy, How Can Secured Lenders Protect Their Position? As a secured lender, you should know well in advance the necessary details if a borrower files…
>