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Business Bankruptcy

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

Corporate Distress series 19 img

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

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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.

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

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.

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Top 12 Mistakes Made in Documenting a Commercial Loan

12 mistakes when 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.

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90 Second Lesson: First Step Before Buying a Distressed Business

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.

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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 you understand all these requirements so that you do not have to scramble or recreate the wheel while you are trying to close out the case. The two best reference points here are your own […]

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90 Second Lesson: What is the Difference Between Recharacterization and Equitable Subordination?

Recharacterization and equitable subordination as tools for altering order of priority of creditors

Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.

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State Court Receivership 101: How to Get a Receiver Appointed

Learn about the necessary steps needed to get a receiver appointed, including the important details of the motion for the appointment of a receiver.

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State Court Receivership 101: Representing the Defendant

When looking at a receivership from the perspective of Representing the Defendant there are several factors to take into account.

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90 Second Lesson: What Is a Composition Agreement?

what is a composition agreement

What is a composition agreement? It’s a bankruptcy alternative that can alter payments to creditors that want to keep the debtor in business. Learn more in this 90 second lesson.

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