Latest Articles

Application for Receivership
Understanding the Basics of Receiverships Receivership is foreign to most of the general public, and many attorneys and other professionals[...]
90-Second Lesson: Personal Chapter 7 Bankruptcy Petition, Are Single-Member LLC Assets Safe from the Trustee?
QUESTION: Bob Business Owner wants to know: if he files Chapter 7, can the Chapter 7 bankruptcy trustee reach the[...]
Showdown in Spokane: The Spokane Country Club Bankruptcy Case
The Spokane Country Club bankruptcy case (SCC, the club, or the debtor) is an interesting study. The bankruptcy process was[...]
90-Second Lesson: You Default on a Commercial Loan, What Happens Next?
90-Second Lesson: You Default on a Commercial Loan, What Happens Next? QUESTION: Scott T,  emailed, asking, “I have a client[...]
Dealing with Corporate Distress 17: Focus on Assuming & Rejecting Executory Contracts & Unexpired Leases in Bankruptcy
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In Installment 16, we discuss how Bankruptcy Code § 365 permits a[...]
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[...]
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[...]
Dealing with Corporate Distress 16: Overview of Bankruptcy Code § 365
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency Operating companies undoubtedly operate their businesses under a constellation of written[...]
Location, Location, Location – How to Choose a Bankruptcy Venue
The Hows and Whys of Which Bankruptcy Venue to Choose What is a bankruptcy venue? Are you unsure where to[...]
90 Second Lesson: What is a “UCC Article 9” Sale?
QUESTION: Jack B. emailed, asking, “Please explain what an Article 9 sale is. My lawyer said that if I give[...]
Dealing with Corporate Distress 15: Digging into DIP Financing & Cash Collateral Motions in Bankruptcy
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency The notion that any lender would be willing to make a[...]
Filing and Amending Claims in a Bankruptcy Case
A Primer for Those Holding Bankruptcy Claims Against a Debtor Bankruptcy claims do more than simply determine the amount of[...]
Dealing with Corporate Distress 14: The Secured Creditor’s Perspective About its Debtors
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency Secured creditors play a large role in a distressed business situation.[...]
What to Consider When Selling a Bankruptcy Claim
Why Sell a Bankruptcy Claim? Imagine this: One of your customers sends you a notice stating it has filed for[...]
Dealing with Corporate Distress 13: The Unsecured Creditor’s Perspective About its Debtors
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency Being an unsecured creditor in a distressed business situation is not[...]
A Non-Debtor’s Rights in Executory Contracts
A Non-Debtor Perspective on Executory Contracts Non-debtor’s rights may not look robust and substantial. The Bankruptcy Code allows a debtor[...]
An Introduction to Bankruptcy Claims Trading Part 2: Sale of a Claim
Trade Confirmations, Sale Agreements, and the Provisions You Must Know to Document a Claims Trade In the previous article, Introduction[...]
Third-Party Litigation Funding (TPLF) and Ethical Issues In Bankruptcy
Investing in Litigation - The Bankruptcy Code and Third-Party Funding TPLF may arise when investing in bankruptcy cases. Third-party litigation[...]
Dealing with Corporate Distress 12: Meet Our Little Friend, The UCC
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency Understanding corporate distress requires more than just knowledge of the Bankruptcy[...]
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