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Not Necessarily Free and Clear: Purchasing Real Estate Property in a Section 363 Sale By The DailyDAC Editors • August 28, 2021
Just Because a 363 Sale Says Free and Clear, Does Not Mean It’s True A bankruptcy debtor is offering commercial property in a section 363 sale. It is an attractive…
Chapter 11 Reporting Requirements: How Debtors Must Stay Transparent By Richard E. Mikels • August 13, 2021
Bankruptcy Reporting Requirements Before and During Chapter 11 One of the  central principles of bankruptcy is that a debtor should have the benefit of a “fresh start.” However, to accord…
Determining Whether or Not to Seek Court Approval of a Sale in a Delaware Assignment for the Benefit of Creditors Case By Russell C. Silberglied • August 4, 2021
Is Court Approval Necessary for a Sale in a Delaware ABC Case? For many small insolvent companies, an assignment for the benefit of creditors (ABC) can be more attractive than…
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…
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