Hot Topics and Industry Trends

In 2025, Chapter 11 practice pivoted around the constraint of judicial power to grant broad non-debtor relief and the expansion of financial and procedural complexity.

Modern Mill touts $84M raised, but this round has generated just $1.1M. No profits, high debt, and capped returns, raise several red flags.

Liability Management Transactions, aka Liability Management Exercises, can be used to differentiate certain related strategies used in the corporate restructuring industry.

The utilization of LMTs, including the use of private credit, in recent restructurings, and the potential role of AI, could permanently change the game of negotiating credit agreements.

What Should Companies & Restructuring Professionals Know Amid Increased Healthcare Provider Bankruptcies? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. In fact, a PwC report showed a 68% increase in healthcare bankruptcies, with more predicted throughout 2024. It’s important to understand that healthcare restructurings can have unique challenges, which will be discussed below. Healthcare Providers Still Face These Special Issues Among the many factors impacting healthcare providers is the shift to bundled payments for insurance reimbursements. Under the Affordable Care Act […]

Author’s Note Appellate rulings in a California bankruptcy case have the potential to upend a bedrock principle of Subchapter V plans. After an apparel company filed for Chapter 11 under Subchapter V because of a judgment it could not pay, its plan to reorganize has bounced between bankruptcy court and the district court since 2020. While the bankruptcy court supports the debtor’s use of Subchapter V’s unique provisions favoring debtors and equity holders, the district court has taken a more creditor-centric view and blocked its plan twice. While thousands of […]

Setting the Stage for a Successful Corporate Turnaround A corporate turnaround may be thought of as a tragically delayed transformation. This need for metamorphosis is driven by a lack of corporate resilience, which permits an organization to change and adapt as necessary. This article examines the core elements and principles of ‘performance management’ and provides meaningful and useful information for organizations seeking recovery and those hoping to prevent difficulties. Corporate Resilience Corporate resilience depends upon an organization’s ability to ‘pivot’ or reinvent business models and strategies as circumstances change. The […]

Another State Eases Access to Banking Services Pending a Federal Solution On July 6, 2023, Missouri Governor Michael L. Parson signed into law Senate Bill 187 (S.B. 187), also known as the Commercial Financing Disclosure Act. This legislation continues the trend at the state level to ease access to capital for cannabis-related businesses. S.B. 187, and legislation like it, come to the benefit of court-appointed cannabis receivers as well, given their efforts to streamline financing within the industry. This all comes as particularly welcome news, given the rise in cannabis […]

Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.

The Spokane Country Club bankruptcy case (SCC, the club, or the debtor) is an interesting study. The bankruptcy process was used to disrupt the collection efforts of plaintiff creditors who had been awarded a judgment and to negate the club’s significant policy changes that had been stipulated in a state court proceeding. The club was founded in Spokane, Washington, in 1898. Spokane is located on the far eastern side of Washington State, closer to Missoula, MT, than to Seattle. The city is named after the Native American Spokane people, whose […]