Latest Articles

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[...]
What is Venue, and When Is Venue Transfer Permissible in Bankruptcy Litigation?
A Panel Discussion on the Choice and Challenges of Bankruptcy Venue and Venue Transfers In bankruptcy litigation, the venue can[...]
Steps a Supplier Can Take in the Face of a Potentially Bankrupt Retailer
Adequate Assurance, Suspended Delivery, and Other Rights and Remedies of a Supplier to a Bankrupt Retailer The impending bankruptcy of[...]
Recruiting Post-Bankruptcy Board Directors in the Pandemic Aftermath
How to Develop Board Committees Equipped for a New Landscape As Covid induced bankruptcies proliferate, creditors who become stockholders will[...]
90 Second Lesson: The (Arguable) Right to Credit Bid in Plan Sales
Understanding the Right to Credit Bid After Radlax [Editor’s Note: this is part of our irregular series in which we[...]
What Constitutes the “Legal Rate” in a Solvent Debtor Bankruptcy Case?
Defining the Legal Rate in a Solvent Debtor Bankruptcy Using Contract Rate and States’ Statutory Rates of Interest Chapter 11[...]
Third-Party Litigation Funding (TPLF) and Issues It Creates In Bankruptcy
Investing in Litigation - The Bankruptcy Code and Third-Party Funding Third-party litigation funding ("TPLF") is, beyond a doubt, here to[...]
Stock Market Pundits & Economic Data: What Conclusions Can We Draw on the Distressed Asset Space?
What Distressed Asset Investors Can Glean from Low Interest Rates, Rising Asset Prices and Insolvency on the Horizon DailyDAC readers[...]
The Chief Restructuring Officer (CRO): From Restructuring to Stakeholder Management, They Can Do It All
An Introduction to the Distressed Company’s Superman: The Chief Restructuring Officer The role of a Chief Restructuring Officer (“CRO”) is[...]
Dealing with Corporate Distress 06: Four Basic Chapter 11 Concepts to Know Before We Go any Further
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In the last two installments of this series, we introduced you[...]
Can an Executive Exert Control of Corporate Attorney-Client Privilege?
Does Corporate Counsel Represent the Executive or the Company? The F-Squared Investments Bankruptcy is a Warning for Executives [Editor’s Note:[...]
How to Assess 3 Potential Preference Action Defenses
Businesses Have Options for Defending a Preference Action. Here’s How to Build the Right Defense. Your company has just been[...]
From Penthouse to Ground Floor: The Penthouse Magazine Bankruptcy
Creative Destruction and an Inevitable Fall: What Can We Learn From the Penthouse Magazine Bankruptcy? Penthouse International, publisher of Penthouse[...]
Incorporation by Reference in UCC-1 Filings
How Brevity in Financing Statements Can Lead to Insufficient Collateral Descriptions Our fast-paced society, coupled with the tendency for people[...]
Law Firm Bankruptcies: The “Unfinished Business” Doctrine and the Jewel Waiver
The Finishing of the “Unfinished Business” Doctrine and the Jewel Waiver One of the interesting aspects of business bankruptcy cases[...]
What Distressed Businesses and Their Counsel Should Know About the Consolidated Appropriations Act 2021 and Its Effect on the Bankruptcy Code
What is the Consolidated Appropriations Act? Congress passed the Consolidated Appropriations Act, 2021 on December 21, 2020, and President Trump[...]
Dealing with Corporate Distress 05: The Lifecycle of a Chapter 11 Case
The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency [Authors’ Note: before going any further, read Installment 4: Chapter 11—If[...]
Lender Liability Claims are Alive and Well: A Case Study
Lender Liability Law Protects Distressed Borrowers from Unfair Practices The relationship between a lender and borrower can be complex. The[...]
An Introduction to Bankruptcy Claims Trading Part 2: Documenting the Sale of a Claim
Trade Confirmations, Sale Agreements and the Provisions You Need to Know to Document a Claims Trade In our previous article,[...]