90 Second Lessons

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 […]

An Article 9 sale allows a creditor to sell its collateral to a third party in a private or public sale without the need for judicial proceedings.

A reader named Harvey M. wrote in to ask this question: my business licenses certain intellectual property from another company. I am concerned that that company, which we can call “Licensor,” may file for bankruptcy. What will happen to our license if Licensor indeed files?

Considering making a secured loan? The DailyDac Editors give key insight to becoming a secured creditor, and what to identify about distressed borrowers.

Is the company that you work for struggling? Find out what this means for an employee who is working for a struggling business that may file for bankruptcy.

Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it. Question Robin T. wrote in asking, I own a small retail chain that has been struggling. I hired a lawyer to negotiate with my creditors, and she told me I should speak with my accountant about the possible tax consequences of getting my creditors to forgive some of the company’s debt. The IRS can’t be that cruel, can it? Answer. Indeed […]

Understanding the Right to Credit Bid After Radlax [Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it.] Question A private equity investor wrote in recently asking us to address credit bidding in the aftermath of Radlax. Answer For investors who are unfamiliar with the concept, the right to credit bid is the “right of the secured creditor under the Bankruptcy Code to use its secured claim against a […]