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90 Second Lessons

90 Second Lesson: What is a “prepackaged bankruptcy?”

QUESTION: Jack B. wrote in the other day, asking us to explain what a prepackaged bankruptcy is. ANSWER: Rather than waiting until they file for bankruptcy, a debtor can work with its creditors pre-petition to formulate a plan of reorganization outside of bankruptcy. In Strategic Alternatives for and Against Distressed Businesses, the authors explain that […]


90 Second Lesson: If I File a Chapter 7 Bankruptcy, Are the Assets of My Single-Member LLC Safe From the Trustee?

QUESTION: A small business owner emailed us, on behalf of a friend, to ask whether assets in a single-member LLC could be used by a Chapter 7 Trustee in the LLC member’s personal bankruptcy case to satisfy creditors’ claims against the member. ANSWER: We can imagine this question arising where the member’s business is owned […]


90 Second Lesson: Can my borrower file for bankruptcy just to keep me from foreclosing?

  QUESTION: An exasperated loan officer emailed us, asking whether the borrower – a commercial real estate lessor – could really file a chapter 11 case just to evade a state court order to appoint a receiver in a foreclosure proceeding against the borrower’s building. ANSWER: If a debtor were to admit that it filed […]


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 […]


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 […]


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 […]


90 Second Lesson: When To Request Relief From the Automatic Stay

QUESTION: How do I know if I should request relief from a debtor’s automatic stay? Learn the answer in 90 seconds or less.


90 Second Lesson: First Step When Purchasing a Distressed Business

Editors’ Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to info@dailydac.com and we will try to answer it. QUESTION: What is the first integral decision a potential purchaser of a distressed business must make? ANSWER: Assuming that the seller has not already […]


90 Second Lesson: Personal Liability for Unpaid Taxes in Insolvency Cases

Editors’ Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to info@dailydac.com and we will try to answer it. QUESTION: Who can be liable for a chapter 11 debtor’s unpaid taxes? ANSWER: One or more persons, including a fiduciary, may be subject to […]


90 Second Lesson: How is a General Carve-Out Different than a Professional Fee Carve-Out?

Editors’ Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to info@dailydac.com and we will try to answer it. QUESTION: Last month we explained what a professional fee carve-out is.  That caused a few readers to email and ask: how does a fee carve-out […]


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