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Business Bankruptcy

90 Second Lesson: Why Would a Debtor Choose to Liquidate Under Chapter 11?

Question: A reader asks, “I read about a company that filed Chapter 11 recently with a plan to sell all assets and go out of business. Why wouldn’t it file Chapter 7?” Answer: While it is true that the title of Chapter 7 is “Liquidation” and the title of Chapter 11 is “Reorganization,” these names […]


Claims Trading of Notes of a Debtor Might Become More Difficult After Woodbridge

When a debtor files for Chapter 11 or Chapter 7 bankruptcy, often a creditor’s only remedy is to wait for a sale or reorganization, the claims resolution process and other actions to be taken before the debtor or trustee can make distribution on the claim.


Determining Value – Choosing a Business Appraiser

Don’t Leave Valuation to Chance Valuation is the determination of the worth of an entity or item. According to Erin Hollis “A valuation can be as loose as a guess, to a ‘back of the envelope’ calculation, to a formal opinion rendered by a third-party professional business valuation expert”. Having the right valuation of your […]


The Opportunistic Deal Database Provides Unique Opportunities for Investors

If you are an investor in distressed assets, you know that uncovering great deals takes a lot of work. There are times you’ve probably wished there was a way to find all the deals in one place. Well wish no more, DailyDAC has your back. DailyDAC’s Opportunistic Deal Database (“ODD”) collects information about opportunities to […]


Bankruptcy Code Revised

Some Financial Help for the Little Guy: President Trump Does Something Uncontroversial for a Change and Signs Four New Bankruptcy Bills into Law1 Download a Printable PDF of this Article President Trump signed four bipartisan bankruptcy bills into law this past Friday, effecting the most significant changes to the Bankruptcy Code since 2005. The four […]


When a Seller of Real Property Files for Bankruptcy Before Closing

What are the purchaser’s rights under an executory contract? Sven, of St. Paul, related to us this sad but musical tale, which pertains to purchasing real estate where the seller goes bankrupt before closing: You see, she and I entered into a written contract to buy a piece of land with a small house on […]


The Myth of the Newspaper Being a Commercially Reasonable Notice

Is It Commercially Reasonable Notice, If No One Is Reading?1 You represent a secured lender. You are to assist your client in its exercise of rights under UCC §9-610 to sell its collateral after it has foreclosed upon the collateral. Or maybe you represent a chapter 11 debtor and are selling its assets under Bankruptcy […]


LLC Membership Interests in Chapter 11 – Can They be Sold Over Other Members’ Objections?

Interpretation Matters When a chapter 11 debtor holds a membership interest in an LLC, it may be permissible for them to sell their membership interest in the LLC, or even force the sale of the entire LLC, over the objections of one or more other members. Or not. At the crux of the debate in […]


Mission Accomplished: Executory Contract Protections Extend Beyond Trademark Licenses

Tempnology Resolves the Treatment of Trademark Licenses Under Bankruptcy Law and More On May 20, 2019, the United States Supreme Court resolved what, according to the International Trademark Association, had been “the most significant unresolved legal issue in trademark licensing.” In an opinion delivered by Justice Kagen[1], the Court held 8-1 that under Section 365 […]


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 […]


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