90 Second Lesson: What is a Chapter 15 Proceeding of the Bankruptcy Code?
QUESTION: Harry A. asks, what is a Chapter 15 Proceeding? ANSWER: Chapter 15 of the Bankruptcy Code was enacted as[...]
Can You Challenge a Section 363 Sale? Bid Now or Forever Hold Your Peace
How Natural Chem Holdings Tried to Beat the Wind in a 363 Sale Appeal You would like to buy wind[...]
90 Second Lessons: The Mindset of a Real Estate Workout Lender
Question: Russell S. wrote in asking, “I have a real estate portfolio that consists of several commercial buildings, and my[...]
Solvent Debtor? A Chapter 11 Debtor Need Not Be Broke
A Solvent Debtor Can File for Bankruptcy…but Can They Survive a Motion for Dismissal? Suppose that your borrower or customer[...]
90 Second Lesson: Carve-Outs for Unsecured Creditors
How Does a Fee Carve-Out Relate to A Carve-Out for Unsecured Creditors? In a separate 90 Second Lesson, we defined[...]
What Secured Lenders Should Know If Their Borrower Files for Bankruptcy
When a Borrower Files for Bankruptcy, How Can Secured Lenders Protect Their Position? As a secured lender, you should know[...]
90 Second Lesson: Stalking Horse Bid, Yay or Neigh?
The Pros and Cons of a Stalking Horse Bid Question: Why Be A Stalking Horse Bidder? A stalking horse bid[...]
3 Issues for Vendors to Consider When Their Customer Files For Bankruptcy
Trade Creditors Still Have Options In the Event of a Customer Bankruptcy When a customer files bankruptcy, vendors can be[...]
90 Second Lesson: What is an Exchange Offer?
Why a Distressed Company May Make an Exchange Offer During Financial Restructuring Question: Fred T. asks: “I own securities of[...]
Who Gets Paid First (and Second, Third, etc.) in Bankruptcy
What is the Hierarchy of Claims Under the Absolute Priority Rule? If you are a vendor, service provider, or another[...]
90 Second Lesson: Is a Business Turnaround Still Possible?
How to Know When It’s Too Late for a Distressed Company Question: Depending on the extent of a company’s financial[...]
The Order of Claims in Bankruptcy: Absolute Priority Rule, Structured Dismissals, and More
Are the Rules Really “Absolute?” At its core, corporate bankruptcy addresses the problem of the “inadequate pie.” While occasionally the[...]
90 Second Lesson: Selling Collateral in a 363 Sale vs. Article 9 Sale
Why a Secured Creditor May Push to Sell Collateral Outside of Bankruptcy Question: An investment banker recently wrote in, saying:[...]
Uptier Transactions and Other Lender-on-Lender Violence: The Potential for More Litigation and Disputes on the Horizon
Introduction to Lender-on-Lender Violence “Lender-on-lender violence” refers to various types of transactions through which a company, often in critical need[...]
Dealing with Corporate Distress 19: Buying & Selling Distressed Businesses in Bankruptcy: An Overview of Bankruptcy Code § 363
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency [Editors’ Note: The prior installment in this series discusses the various[...]
90 Second Lesson: Distressed Real Estate vs. Operating A Business In Distress
Question Charlie M. wrote asking a question about distressed real estate, “I have been investing for more than 70 years,[...]
90 Second Lesson: What is the “In Pari Delicto” Defense?
Question Harvey W. wrote, asking, “I’m concerned I will be sued by a bankruptcy trustee for some things I did[...]
How Geography Shapes the Receivership Process: Washington State Ain’t Minnesota
Geography Matters When it Comes to Receiverships Ian Rubenstrunk’s recent article, Minnesota Commercial Real Estate Receiverships: Nuts and Bolts, touches[...]
Top 12 Mistakes Made in Documenting a Commercial Loan
The Top 12 Mistakes to Avoid When Documenting a Commercial Loan The accuracy and precision of loan documents are of[...]