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About The DailyDAC Editors
The editors and editorial board of DailyDAC include preeminent restructuring and insolvency professionals, journalists, and editors. They are devoted to providing reliable and plain English education and deal intelligence about assignments, corporate bankruptcy, receiverships, out-of-court workouts an similar topics.
Articles by The DailyDAC Editors
90 Second Lesson: Secured Creditors and Toll Charges
QUESTION: An investment banker recently wrote in, saying this: “I am currently helping a troubled company sell itself. The proposed buyer wants to buy its assets through a 363 sale in Chapter 11 and is offering to pay the full amount the bank is owed on its secured debt. The bank is pushing back, trying […]
PUBLIC NOTICE OF SALE: AC Brett Equipment Corporation
NOTICE OF PUBLIC SALE OF THE ASSETS OF AC BRETT EQUIPMENT CORPORATION BY ASSIGNEE FOR THE BENEFIT OF CREDITORS SALE OF ASSETS: Notice is hereby given that on Wednesday, April 24, 2019 at 2:00 pm, CDT (the “Date of Sale”), in the offices of Rally Capital Services, LLC, 350 North LaSalle St, Suite 1100, Chicago, […]
PUBLIC NOTICE OF SALE OF COLLATERAL: Adams Arms, LLC
NOTICE OF PUBLIC SALE OF COLLATERAL OF ADAMS ARMS, LLC PURSUANT TO THE FLORIDA UCC 1. Executive Summary. Pursuant to Chapter 679 of the Florida Statutes (the Florida Uniform Commercial Code), LB Merchant AA-2, LLC and David Nolan as Assignee from GF Ram II LLC, or their subsequent assignees (collectively, the “Lenders”), will conduct a […]
Not Necessarily Free and Clear I: Purchasing Real Estate Property in a Section 363 Sale
Just Because A 363 Sale Says Free and Clear, Does Not Mean It Is Free and Clear A bankruptcy debtor is offering commercial property in a section 363 sale. It is an attractive property and Lou is considering purchasing it. Lou has heard that a section 363(b) sale “cleans” the assets of all liens, claims, […]
JOINT NOTICE OF PUBLIC SALE: Sunburst Digital, Inc.
JOINT NOTICE OF PUBLIC SALE BY ORDER OF THE SECURED PARTY AND ASSIGNEE FOR THE BENEFIT OF CREDITORS OF SUNBURST DIGITAL, INC. SALE OF ASSETS: Notice is hereby given that on Wednesday, April 3, 2019 at 2:00 pm, CDT (the “Date of Sale”), in the offices of Rally Capital Services, LLC, 350 North LaSalle St, […]
90 Second Lesson: What is a “UCC Article 9” Sale?
QUESTION: Jack B. emailed, asking, “Please explain what an Article 9 sale is. My lawyer said that if I give a security interest to a lender, it can do an Article 9 sale. What is an Article 9 sale?” ANSWER: Well, Jack, Article 9 of the Uniform Commercial Code governs the relationship between a […]
90 Second Lesson: I’ve been asked to sign an involuntary bankruptcy petition. Should I?
QUESTION: The credit manager of an Akron-based company wrote, asking this: “One of our commercial accounts is pretty far behind in paying on our invoices. Another vendor approached me and asked me to join in signing an involuntary bankruptcy petition. Is there any legal risk in doing this? ANSWER: In a word, yes. If an […]
Commerical Bankruptcy Litigation
The 2019 edition of Commercial Bankruptcy Litigation was just released by West Publishing Company. This 2,000+ page treatise, with contributions from dozens of top firms across the US, is designed with the non-bankruptcy attorney intended to be its primary reader. The treatise is divided into three sections: (a) “Fundamentals,”, with chapters covering the basics of […]
90 Second Lesson: To Stalk or Not to Stalk? Why be a Stalking Horse Bidder?
QUESTION: Jamie S. emailed recently, asking “Can you please sum up the pros and cons of serving as the “stalking horse” in a bankruptcy sale? ANSWER: Yes, Jamie, we can. A stalking horse bidder plays an important role in many bankruptcy acquisitions, and one of the most important decisions confronting a purchaser in a bankruptcy acquisition […]
Strategic Alternatives For And Against Distressed Businesses
The 2019 edition of Strategic Alternatives For And Against Distressed Businesses was just released by West Publishing Company. This 1,800+ page treatise, which is a product of more than 100 contributors, is the only resource which provides a state-by-state comparison on a chapter-by-chapter basis of assignments for the benefit of creditors and receiverships. DailyDAC / […]