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Business Bankruptcy

The Chief Restructuring Officer: Architect, Leader, & Change Agent

Busts of famous leaders

The CRO may lead an organization through mildly difficult situations or shepherd truly distressed ones through much more drastic situations.

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The Impact of Jarkesy on the Right to a Jury in Bankruptcy Proceedings

Right to a Jury

A recent Supreme Court case has brought a long-standing question in bankruptcy practice back to the fore: When do parties have the right to a jury trial?

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Cross-Border Tax Issues in Restructuring

Cross-Border Tax Issues

When a restructuring crosses borders, tax issues can become even more complicated: tax systems collide, priorities shift, and timing becomes critical.

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Board Prudence Amid Financial Distress

When a company faces financial distress, its directors stand at a critical intersection of fiduciary duty and operational urgency.

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Corporate Taxation in Distress

Corporate Taxation

US businesses encounter financial distress through different legal paths, with each having its own tax considerations.

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The Elegant Swan and Clumsy Duck: What Is Recharacterization in Bankruptcy?

Swan deals in recharacterization

A court may recharacterize a creditor’s debt claim as an equity interest. This recharacterization often has a significant impact on creditor claims.

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The Independent Director’s Role in Optimizing Corporate Workouts and Bankruptcy Outcomes

Special Committees in Bankruptcy

Special committees made up of independent directors can guide a company through the bankruptcy process without accusations of bias.

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Bankruptcy Considerations in a Collections Action

Collected money over time

In collections, knowing how to navigate a debtor’s bankruptcy can mean the difference between safeguarding your rights and losing your chance at recovery.

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Brought to You by the Makers of the UCC: The Uniform Assignment for Benefit of Creditors Act

Discover how the new Uniform Assignment for Benefit of Creditors Act (UABCA) modernizes state-law assignments as an alternative to bankruptcy, strengthening creditor protections and providing clarity for distressed business liquidations.

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Determining the Collateral Value of a Secured Claim

Man feeding chicken

Determining the collateral value of a secured claim is more art than science, especially when the claim is over-secured.

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