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Business Bankruptcy

Finding Truth in a Debtor’s Balance Sheet: Analyzing Assets, Liabilities, and Equity

How to read a balance sheet

Learn how to read a balance sheet, or more importantly, how to read between the lines of the balance sheet assets, liabilities, and equity.

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90 Second Lesson: When a Seller of Real Property Files for Bankruptcy Before Closing

When a Seller of Real Property Files for Bankruptcy Before Closing

When a seller of real property files for bankruptcy the purchaser has rights under the bankruptcy code and as an executory contract.

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Subchapter V of Chapter 11: A User’s Guide

stressed old man filing for bankruptcy subchapter V of chapter 11

Subchapter V works. It saves businesses. It helps the people that own those businesses. And it is cheap and fast, at least compared to “traditional” chapter 11.

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Determining Value – Choosing a Business Appraiser

Quaint storefront of small business

Do you know how much your business is worth? A business appraiser can give you an objective outsider’s view and also venture an opinion on its trajectory.

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Reviewing Restructuring: A Look Back at 2023 & a Look Ahead at 2024

Reviewing Restructuring A Look Back at 2023 & a Look Ahead at 2024

In 2023, commercial Chapter 11 filings rose by 72% as compared to 2022. Read more about this surge and what to consider in 2024.

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Can You Challenge a Section 363 Sale? Bid Now or Forever Hold Your Peace

Wind Turbine LLC tries to challenge a 363 sale

Don’t expect to challenge a 363 sale so easily. Find out why you should pursue other options for purchasing assets from a distressed seller.

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90 Second Lesson: Carve-Outs for Unsecured Creditors

Carve-out for unsecured creditors

Like a professional fee carve-out, secured creditors may also agree to a carve-out for unsecured creditors to appease the court and creditors’ committee.

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90 Second Lesson: What is an Exchange Offer?

Exchange Offer

A distressed exchange offer allows a struggling company to purchase its outstanding debt securities by offering new securities rather than cash.

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

363 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.

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

Lender on lender violence

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.

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