Business Bankruptcy

Being an unsecured creditor is not an enviable position. How must unsecured creditors conduct themselves to mitigate the risks associated with distress?

What rights do non-debtors have in the treatment of executory contracts? Learn about rejecting or assuming executory contracts as a non-debtor.

New to the bankruptcy claims trading marketplace? Take a close look at documenting the purchase and sale of a bankruptcy claim.

In this installment we introduce you to the UCC generally, focusing on Article 9 to illustrate its importance in the context of business distress.

A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured to unsecured, to bankruptcy and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment covers how to protect you claim in a bankruptcy case.

On July 20, 2015, the Great Atlantic & Pacific Tea Company, made history by filing what we in the restructuring industry like to call “Chapter 22 Bankruptcy.” Read more to see how this case unfolded and what it means for struggling grocers and retail stores.

What are the legal remedies available under Article 9 of the UCC to a lender whose loan is secured by the personal property of a borrower who is in default? How can these legal remedies can be implemented in practice?

The Sixth Circuit would quote Ohio case law to explain that “A contract of novation is created where a previous valid obligation is extinguished by a new valid contract, with the consent of all the parties, and based on valid consideration.” In a sense, a novation establishes that the prior contract is fully performed by the novated contract.

A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured, to unsecured, to bankruptcy, and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment expands on the complexity of claims and claim priority in bankruptcy.

A curious mystery unraveled. Learn about the significant aspects of an Assignment for the Benefit of creditors, and why knowing the Assignee is important.