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Business Bankruptcy

Can A Borrower File for Bankruptcy to Stop Foreclosure

90-Second Lesson: 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.

Application for receiverships

Application for Receivership

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.

protecting assets Chapter 7 Bankruptcy

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

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

assumption of contracts and leases

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

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

Do I Get the Land?

When a Seller of Real Property Files for Bankruptcy Before Closing

Purchaser’s Rights Under an Executory Contract Sven, of St. Paul related this sad but musical tale to us, which pertains to purchasing real estate where the seller files for bankruptcy before closing: You see, she and I entered into a written contract to buy a piece of land near St. Paul with a small house […]

bankruptcy for litigation advantage

Strategic Filing: Chapter 11 Bankruptcy for Litigation Advantage?

It Depends on the Facts Debtors often use Chapter 11 bankruptcy for litigation advantages. Whether or not they succeed depends on the facts and circumstances of the individual bankruptcy case. The following sample case helps to illustrate how a court may rule. Case Study Catherine, Jules, and Jim founded and each owned one-third of a […]

overview of bankruptcy code

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

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

Location, Location, Location – How to Choose Bankruptcy Venue

Location, Location, Location – How to Choose a 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.

Digging into DIP Financing & Cash Collateral Motions in Bankruptcy

Dealing with Corporate Distress 15: 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.

Filing and Amending Claims in a Bankruptcy Case

The bankruptcy claims are more than just the amount a creditor is owed. Make sure you protect your claim by filing early and amending as needed.