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90 Second Lesson: Deciphering California Receiverships By The DailyDAC Editors • July 2, 2020
Understanding California Receiverships Through California CCP   Editors’ Note: This is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to…
6 Common Mistakes in Drafting Collateral Descriptions By Jennifer Howard • June 26, 2020
Avoid These Costly Errors in Collateral Descriptions   Drafting can easily go awry. When collateral descriptions are drafted errantly in security agreements and financing statements, secured creditors may not get…
Convertible Securities: Appealing in this Uncertain Market By Reprinted by permission from The Turnaround Letter • June 17, 2020
The market has changed a lot since our last look at convertible bonds about six months ago. Not only has the stock market been shaken by the potential fall-out from…
Bank Stocks on Sale By Reprinted by permission from The Turnaround Letter • June 17, 2020
With the sharp slowdown in the economy, bank stocks have declined significantly, and, unlike the broad S&P 500 Index, have not recovered much of their lost value.  Year-to-date, our universe…
90 Second Lesson: What is the Difference Between Recharacterization and Equitable Subordination? By The DailyDAC Editors • June 17, 2020
Discerning Similar Methods to Lower the Order of Priority of Creditors’ Claims   [Editors’ Note: This is part of our irregular series in which we answer readers’ questions. If you…
Best Practices for UCC-3 Terminations and Continuations By Thomas Egan • June 11, 2020
Careless UCC-3 Termination Filings Have Costly Consequences   Lenders and borrowers are focused on potential workouts and refinancing of loans due to the COVID-19 pandemic. As such, UCC-3 terminations and…
Kuney’s Corner – Giving Secured Creditor Substitute Collateral in a Chapter 11 Cramdown By George Kuney • June 10, 2020
Pacifying a Hostile Lender with a Motion to Substitute Collateral    Can a Chapter 11 debtor confirm a plan that gives a hostile secured creditor a lien on an orange…
PPP Loans for Chapter 11 Debtors? Maybe…But You Have Other Options By Mark Melickian • June 1, 2020
The SBA’s Views, Court Rulings and Options for Your Company You need to restructure your debt and/or deal as soon as possible with assertive creditors. You want to preserve your…
Corporate Attorney-Client Privilege is in the Hands of the Bankruptcy Trustee By Dave Madden • May 28, 2020
When is Your Company’s Attorney-Client Communication No Longer a Secret?   Imagine if every secret and strategy that you had ever shared with your attorney were laid open for the…
90 Second Lesson: Receivership vs Bankruptcy By The DailyDAC Editors • May 22, 2020
The Benefits and Downsides of the Receivership Process   [Editors’ Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit…
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