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Business Bankruptcy

Crypto in Celsius “Earn” Accounts Are Property of Bankruptcy Estate, Not Customer Assets

Property of Bankruptcy Estate, Not Customer Assets

Editors’ Note: DailyDAC makes occasional exceptions to its general policy of publishing only original content when its editors determine an article to be timely, excellent, and of great potential value to its their audience. This article, originally published by Schulte Roth & Zabel as a client alert on January 12th is such an article. We thank the firm for its permission to reprint it here. Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York issued a ruling last month in the Celsius Network bankruptcy […]

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90-Second Lesson: Can a Borrower File for Bankruptcy to Stop Foreclosure?

Can A Borrower File for Bankruptcy to Stop Foreclosure

Explore whether a debtor can file chapter 11 reorganization bankruptcy to evade a court-ordered receivership.

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Application for Receivership

Application for receiverships

Applications for receiverships are becoming much more common as more states are adopting statutes that clearly outline how to conduct this process properly. Understand how these statutes function from state to state.

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90-Second Lesson: Personal Chapter 7 Bankruptcy Petition, Are Single-Member LLC Assets Safe from the Trustee?

protecting assets Chapter 7 Bankruptcy

LLCs protect individuals from company liabilities, but a Chapter 7 Bankruptcy Trustee can reach assets to satisfy individual obligations. 

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Dealing with Corporate Distress 17: Focus on Assuming & Rejecting Executory Contracts & Unexpired Leases in Bankruptcy

assumption of contracts and leases

Legal framework governing assumption, assignment, and rejection of executory contracts and unexpired leases in bankruptcy can be complicated.

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Dealing with Corporate Distress 16: Overview of Bankruptcy Code § 365

overview of bankruptcy code

In this installment, get an overview of Section 365 and understand how executory contracts can keep distressed businesses afloat.

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Location, Location, Location – How to Choose a Bankruptcy Venue

Location, Location, Location – How to Choose Bankruptcy Venue

What is a bankruptcy venue? A debtor should be considerate when selecting a venue to file for bankruptcy and know which eligible venues are best to file in.

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Dealing with Corporate Distress 15: Digging into DIP Financing & Cash Collateral Motions in Bankruptcy

Digging into DIP Financing & Cash Collateral Motions in Bankruptcy

Will lenders loan to a company in bankruptcy? In this installment, uncover the many intricacies of DIP financing & cash collateral motions in bankruptcy.

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Dealing with Corporate Distress 14: The Secured Creditor’s Perspective About its Debtors

14 The Secured Creditor’s Perspective About its Debtors

Let’s take a look at bankruptcy from the secured creditor’s perspective (they play a large role in a distressed business situation). Read about what a secured creditor should know when a business files for bankruptcy.

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What to Consider When Selling a Bankruptcy Claim

What to Consider When Selling a Bankruptcy Claim

Why Sell a Bankruptcy Claim? Imagine this: One of your customers sends you a notice stating it has filed for chapter 7 or chapter 11 bankruptcy protection rather than the payment for goods or services provided that you were expecting. In technical terms, you now have a “claim” against the “debtor,” but you aren’t sure you want to deal with the bankruptcy process and delay only to recover part of what you are owed. When a bankruptcy claims purchaser offers to purchase your bankruptcy claim from you for cash, you […]

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