The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?
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 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.
A distressed business has a multitude of options to explore. Understand how Bankruptcy Code Section 363 works during a business bankruptcy.
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.
There are a number of mistakes that can be made in documenting a commercial loan. Learn the top 12 mistakes to avoid.
Careless mistakes in UCC-3 terminations and continuations can lead to costly litigation with secured parties. Learn best practices for filing and recording.
Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.
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 […]