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About Christopher M. Cahill

Christopher M. Cahill

Mr. Cahill is counsel with Lowis & Gellen LLP, in Chicago, Illinois.   He guides secured lenders, creditors, debtors, creditors’ committees, potential purchasers and others through bankruptcy cases, out-of-court workouts, assignments for the benefit of creditors, and receiverships.  Mr. Cahill has substantial mega-case experience at national law firms representing very large debtors, and has counseled and litigated on behalf of manufacturers and secured lenders in large and middle-market cases. Mr. Cahill also publishes frequently and speaks regularly on commercial insolvency issues.  He is an executive editor of Commercial Bankruptcy Litigation, 2d Edition (Jonathan P. Friedland, Elizabeth Vandesteeg & Christopher M. Cahill eds., 2015) and is the host of Accredited Investor Markets Radio, a weekly broadcast for investors.


Articles by Christopher M. Cahill

Review of the NAFER 2018 Annual Conference in Chicago

NAFER (the National Association of Federal Equity Receivers) held another wisdom-rich conference in October, this time at the Drake Hotel in Chicago.  It was the seventh annual event and attracted 200 attendees. The conference included the Training Camp as well as panel discussions on snares and pitfalls for receivers, cryptocurrency, overseas asset recovery and more. […]


NAFER 2017 Annual Conference [Oct. 18-20]: Miami, and a Ponzi Schemer Speaks!

NAFER 2017 Annual Conference [Oct. 18-20]: Miami, and a Ponzi Schemer Speaks! Also One Substantive Panel After Another and…MIAMI! The National Association of Federal Equity Receivers will hold its Sixth Annual Conference in Miami, October 18-20, at the Four Seasons Hotel.  We at DailyDAC have reported on NAFER’s 2016 Annual Conference in Washington, D.C. and […]


A Creditors’ Guide for Claims Against Bankrupt Customers: Getting Claims Paid and Preventing Claw-Back of Payments Received

You recently shipped goods to a U.S. customer on credit.  Now the customer is insolvent and evidently sliding into bankruptcy.  As in baseball, at the close of the slide, the customer may be safe, continuing in business or sold as a going concern, or out, and facing liquidation. What to do? Included among the concerns […]


Update on CFIUS National Security Review and the Section 363 Sale: Draper Athena as Stalking Horse for Assets of ATopTech, Inc.

A transaction in which a foreign company gains control of US assets can be hammered to sleep by the President acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”).  The delay of CFIUS review and its potential draconian consequence affect the viability of foreign purchaser participation in asset sales […]


Reclamation of Reclamation Claims by the Delaware Bankruptcy Court in Reichhold Holdings

Everybody knows that the dice are loaded:  reclamation rights are illusory in bankruptcy cases.  Where a supplier ships goods to a company that later files for bankruptcy, section 546(c) of the Bankruptcy Code provides reclamation remedies (i.e., supplier getting the goods back) under certain circumstances (there are time limits, etc.) if the supplier has such […]


The Myth of the Newspaper Being a Commercially Reasonable Notice

Editor’s Note: the August edition of The Bankruptcy Strategist and the September edition of the Equipment Leasing Newsletter, each ran a substantially similar article by the authors.  We are pleased to run this version here. You represent a secured lender. You are to assist your client in its exercise of rights under UCC §9-610 to sell its […]


An Introduction to Receiverships

American state and federal courts have the equitable power to take custody of property at issue in a legal dispute and to appoint a receiver to act as agent for the court in keeping, managing, and even selling the property, in order to protect the interests of those parties with a claim on such property.  […]


When Her Smile is a Thin Disguise—How to Stop a Lying Judgment Debtor from Obtaining a Bankruptcy Discharge

A recent decision by the Seventh Circuit Court of Appeals will make it much more difficult for debtors to get a bankruptcy discharge when they have lied or failed to give required information during a prior post-judgment collection proceeding. The opinion, cited as In re Marcus-Rehtmeyer, No. 14-1891 (7th Cir. Apr. 28, 2015) should enhance […]


Foreign Buyers of US Assets in Section 363 Sale: National Security Regulatory Review

Foreign entities are not barred by the Bankruptcy Code from purchasing assets in section 363 sales in bankruptcy cases. Usually, the debtor’s estate and creditors welcome anyone who may bid up the sale price and raise the return to the estate and creditors from the auction sale. For the foreign purchaser, buying assets out of a bankruptcy […]


How Much Can I Add to My Claim? (says Lender) How Much Liquidity Will I Have? (says Reorganizing Debtor): On the Payment of Post-Petition Interest

Your company owes substantial loan principal secured by real property that your company is developing into a hotel, condominiums, and a nightclub. Your company defaulted on the construction loan by missing some payments and filed a chapter 11 petition with the strategic goals of making operations more efficient and further developing the real property to […]


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