Most Recent Articles About Restructuring, Insolvency & Vulture Investing:

From Penthouse to Ground Floor: The Penthouse Magazine Bankruptcy By Michele Schechter • January 20, 2021
Creative Destruction and an Inevitable Fall: What Can We Learn From the Penthouse Magazine Bankruptcy? Penthouse International, publisher of Penthouse Magazine, sold for $11.2 million in June of 2018. The…
Incorporation by Reference in UCC-1 Filings By Thomas Egan • January 13, 2021
How Brevity in Financing Statements Can Lead to Insufficient Collateral Descriptions Our fast-paced society, coupled with the tendency for people to use shorthand in communications by emails and Twitter, influences…
Law Firm Bankruptcies: The “Unfinished Business” Doctrine and the Jewel Waiver By Phillip D. Anker • January 7, 2021
The Finishing of the “Unfinished Business” Doctrine and the Jewel Waiver One of the interesting aspects of business bankruptcy cases is that both the businesses and the issues their bankruptcy…
What Distressed Businesses and Their Counsel Should Know About the Consolidated Appropriations Act 2021 and Its Effect on the Bankruptcy Code By Christopher M. Cahill • December 29, 2020
What is the Consolidated Appropriations Act? Congress passed the Consolidated Appropriations Act, 2021 on December 21, 2020, and President Trump signed the massive act into law six days later, when…
Dealing with Corporate Distress 05: The Lifecycle of a Chapter 11 Case By Jonathan Friedland • December 22, 2020
The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency [Authors’ Note: before going any further, read Installment 4: Chapter 11—If You’ve Seen One, You’ve Seen Them All. While you can…
Lender Liability Claims are Alive and Well: A Case Study By Gary W. Marsh • December 15, 2020
Lender Liability Law Protects Distressed Borrowers from Unfair Practices The relationship between a lender and borrower can be complex. The borrower wants capital to run and grow its business, and…
An Introduction to Bankruptcy Claims Trading Part 2: Documenting the Sale of a Claim By Timothy C. Bennett • December 9, 2020
Trade Confirmations, Sale Agreements and the Provisions You Need to Know to Document a Claims Trade In our previous article, Introduction to Bankruptcy Claims Trading, we discussed the claims trading…
The Importance of Liquidity in the Capital Structure of a Distressed Company By David Bagley • December 4, 2020
How Liquidity Becomes the Kryptonite of a Distressed Company’s Capital Structure A company’s “capital structure” is the array of its liabilities and equity. It is often described by the debt…
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…
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