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Business Bankruptcy

Absolute priority rule

The Order of Claims in Bankruptcy: Absolute Priority Rule, Structured Dismissals, and More

The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?

363 vs Article 9 Sale

90 Second Lesson: Selling Collateral in a 363 Sale vs. Article 9 Sale

Why would a secured creditor prefer to sell its collateral outside of bankruptcy? Here’s how time, money, and control differ in a 363 sale vs Article 9 sale.

Lender on lender violence

Uptier Transactions and Other Lender-on-Lender Violence: The Potential for More Litigation and Disputes on the Horizon

Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.

Corporate Distress series 19 img

Dealing with Corporate Distress 19: Buying & Selling Distressed Businesses in Bankruptcy: An Overview of Bankruptcy Code § 363

A distressed business has a multitude of options to explore. Understand how Bankruptcy Code Section 363 works during a business bankruptcy.

90 Second Lesson: Distressed Real Estate vs. Operating A Business In Distress

Understand the ways in which distressed real estate is different from when an operating business in distress.

What is the in pari delicto defense

90 Second Lesson: What is the “In Pari Delicto” Defense?

Understand what the “in pari delicto” defense is and how it can be used in a bankruptcy proceeding to protect yourself.

12 mistakes when documenting a commercial loan

Top 12 Mistakes Made in Documenting a Commercial Loan

There are a number of mistakes that can be made in documenting a commercial loan. Learn the top 12 mistakes to avoid.

Best Practices for UCC-3 Terminations and Continuations

Careless mistakes in UCC-3 terminations and continuations can lead to costly litigation with secured parties. Learn best practices for filing and recording.

Buying a distressed business

90 Second Lesson: First Step Before Buying a Distressed Business

Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.

State Court Receivership 101: Closing Out a Receivership

This is an important part of the receivership process. We’re focusing on four main points as a part of this discussion, planning ahead, termination vs discharge, final reporting, and a discharge order. Planning Ahead Always looking through your order and statutes to understand what is expected of you to wrap up your case. Make sure […]

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