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Insolvency

Blazing New Ground: Cannabis Holding Company Obtains Chapter 15 Recognition

Chapter 15

CCHI’s restructuring is emblematic of broader industry challenges and provides a potential new roadmap for cannabis enterprises navigating similar distress.

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Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

The post-Purdue lesson is that the enforceability of a third-party release may depend not only on what the release says, but on where and how it was approved.

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Fourth Circuit Holds That “Contingent” Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability

“Contingent” Proof of Claim

A recent Fourth Circuit decision is instructive for multiemployer plans and the employers that contribute to them when there is a bankruptcy filing.

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Foreign Third-Party Releases Survive Purdue Pharma, At Least in Chapter 15

Foreign Third-Party Releases

A nonconsensual third-party release approved by a Mexican court can be enforced in the United States under Chapter 15 of the Bankruptcy Code.

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DIP Financing: How Companies Fund a Chapter 11 Case

DIP Financing

DIP financing is a specialized form of lending that allows a bankrupt company to borrow money after filing for bankruptcy protection.

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Insider Lease Agreements: When Smart Structuring Crosses the Ethical Line

Insider Lease Agreements

When financial distress emerges and a bankruptcy filing follows, insider lease agreements are subject to close review and scrutiny by the court.

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Cannabis Receiverships: Litigation, Missing Taxes, and Incompetence Paired With Large Professional Service Fees

Cannabis Receiverships

Receivers are faced with the usual obstacles of a cannabis receivership often paired with very large professional fees for lawyers and accountants.

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The Prepack Primer: The Origin, Evolution, and Overview of the Prepackaged Bankruptcy

Prepackaged Bankruptcy

In a ‘prepack bankruptcy’ the debtor negotiates a plan, solicits votes, and obtains the necessary votes in favor of the plan before the case is filed.

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Understanding the Chapter 11 Plan

Chapter 11 Plan

A Chapter 11 plan is often described as the heart of a bankruptcy case. A confirmed plan determines what the business looks like when the case is over.

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Purchasing Real Estate Property in a Section 363 Sale: Not Necessarily Free and Clear

Golf course 363 sale

Not all property bought in a 363 sale is free and clear of liens or encumbrances, as is shown in the case of a golf course and car dealership sale.

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