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90 Second Lessons
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.
Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.
Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.
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.
There may be many business reasons and benefits for a debtor who chooses to liquidate under Chapter 11 rather than Chapter 7.
What is a state law receivership? Understand the difference between state law receiverships and federal bankruptcy law, and what opportunities can come from receiverships.
Explore whether a debtor can file chapter 11 reorganization bankruptcy to evade a court-ordered receivership.
LLCs protect individuals from company liabilities, but a Chapter 7 Bankruptcy Trustee can reach assets to satisfy individual obligations.
QUESTION: Scott T, emailed, asking, “I have a client who owns a few income-producing properties, and she thinks she may not be able to make her next mortgage payments to her lender. What should I tell her to expect?” ANSWER: Once a default on a commercial loan is looming or occurs, a proactive mortgage lender should be expected to review several factors surrounding property management. If a third-party manager is involved, the lender will want to determine whether any lien rights arise in favor of this property manager, including in […]