Most Recent Articles About Restructuring, Insolvency & Vulture Investing:
Chapter 15 of the Bankruptcy Code deals with foreign debtors with assets in the United States. It allows for disposition of the property.
Don’t expect to challenge a 363 sale so easily. Find out why you should pursue other options for purchasing assets from a distressed seller.
When a property owner falls behind on their loans, what are their options to receive loan forgiveness?
A debtor does not have to be insolvent to file for chapter 11 bankruptcy. Can its creditors pursue dismissal of a chapter 11 case?
Like a professional fee carve-out, secured creditors may also agree to a carve-out for unsecured creditors to appease the court and creditors’ committee.
When your borrower files bankruptcy, choosing to cooperate can lead to a more successful restructuring or sale. Here's how to protect yourself if you do.
A stalking horse bidder makes the first bid in an bankruptcy auction, setting the initial price and structure of the sale-- but there are some disadvantages.
If a customer files bankruptcy, vendors (trade creditors) should consider administrative priority, critical vendor status, and avoidance actions.
A distressed exchange offer allows a struggling company to purchase its outstanding debt securities by offering new securities rather than cash.
Who makes the top of the list in the order of priority? See where you fall based on the absolute priority rule.
When is a business turnaround no longer viable? Ask these questions to determine if you or your client’s business can be saved.
The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?
Why would a secured creditor prefer to sell its collateral outside of bankruptcy? Here’s how time, money, and control differ in a 363 sale vs Article 9 sale.
Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.
A distressed business has a multitude of options to explore. Understand how Bankruptcy Code Section 363 works during a business bankruptcy.
Understand the ways in which distressed real estate is different from when an operating business in distress.
Understand what the "in pari delicto" defense is and how it can be used in a bankruptcy proceeding to protect yourself.
The statutes that dictate how to start and manage a receivership may differ depending on the state. One thing is for sure: Washington state a’int Minnesota.
There are a number of mistakes that can be made in documenting a commercial loan. Learn the top 12 mistakes to avoid.
Careless mistakes in UCC-3 terminations and continuations can lead to costly litigation with secured parties. Learn best practices for filing and recording.
Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.
State Court Receivership 101: Closing Out a Receivership
This is an important part of the receivership process. We’re focusing on four main points as a part of this discussion, planning ahead, termination vs discharge, final reporting, and a discharge order. Planning Ahead Always looking through your order and…
Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.
Receiverships have been a remedy in Minnesota law for over a hundred years, but Minnesota recently revised its receivership statute in 2012. Understand more about how this bankruptcy alternative may be used to sell commercial real estate.
State Court Receivership 101: How to Get a Receiver Appointed
Learn about the necessary steps needed to get a receiver appointed, including the important details of the motion for the appointment of a receiver.
Whether there is change in collateral or a serial number is listed incorrectly, errors in collateral descriptions can lead to expensive disputes.
State Court Receivership 101: Representing the Defendant
When looking at a receivership from the perspective of Representing the Defendant there are several factors to take into account.
What is a composition agreement? It's a bankruptcy alternative that can alter payments to creditors that want to keep the debtor in business. Learn more in this 90 second lesson.
State Court Receivership 101: Types of Receivership
Rebecca DeMarb outlines the different types of receiverships in the different states and what you need to know about the differences between them.
State Court Receivership 101: What is a Receivership
Receiverships are essentially an equitable remedy where a court appoints a 3rd party neutral to assist parties in recovery outside of bankruptcy.
What powers is a receiver granted in order to achieve its goals? Understand a receiver's scope and powers within a state equity receivership.
State Court Receivership 101: Representing a Receiver
Jeff Ansel from Winthrop & Weinstine goes over the two categories of discussion when looking at representing a receiver.
An assignment for the benefit of creditors (ABC) can be a faster and more cost-effective alternative for a chapter 11 or 7 liquidation. Understand more about this alternative for selling distressed assets effectively.
State Court Receivership 101: Costs in a Receivership
There are two types of costs in a receivership, direct and indirect. Learn more about these different receivership costs so there are no surprises.
There may be many business reasons and benefits for a debtor who chooses to liquidate under Chapter 11 rather than Chapter 7.
This series of videos and articles provides an overview of state court receiverships: what they are, the different types, costs involved and different aspects of representation on both sides of the receivership. This series is a co-production of DailyDAC and…
A distressed business has a multitude of options to explore. Understand how subchapter V of Chapter 11 can be used to restructure a business.
In a Delaware assignment for the benefit of creditors case, court approval is not required for a sale, but, time, money, and preference can factor.
Bernard Madoff’s infamous Ponzi scheme left victims in its wake worldwide and resulted in numerous bankruptcy and insolvency proceedings around the world. How far can the trustee's power reach?
Being or becoming a bad bankruptcy client usually has something to do with failing to provide adequate information to the attorney. Find out what NOT to do so you can be a good bankruptcy client.