Latest Articles

Minnesota Commercial Real Estate Receiverships: Nuts and Bolts
The Basics Of Minnesota Commercial Real Estate Receiverships A receiver, at its essence, is a court-appointed third-party who takes control[...]
Receivership 101: How to Get a Receiver Appointed
Receiverships are most often commenced by creditors, but it can be commenced by an equity holder as well.  The first[...]
6 Common Mistakes in Drafting Collateral Descriptions
Avoid These Costly Errors When Drafting Collateral Descriptions Drafting can easily go awry. When collateral descriptions are drafted errantly in[...]
Receivership 101: Representing the Defendant
When looking at a receivership from the perspective of Representing the Defendant there are several factors to take into account.[...]
90 Second Lesson: What Is a Composition Agreement?
QUESTION: We recently received a question from John B asking "What is a composition agreement?" ANSWER: A composition agreement is[...]
Receivership 101: Types of Receivership
In Wisconsin, there are three main types of receivership: General Receiverships Selfish Receiverships Receiverships pendente lite (Latin for "during litigation")[...]
Receivership 101: What is a Receivership
Receiverships are essentially an equitable remedy where a court appoints a third party neutral to assist parties in recovery outside[...]
Determining the Scope and Powers Within a Receivership
Understanding the Powers Granted to a Receiver Receiverships are effective business solutions to many problems faced by courts, lenders, and[...]
Receivership 101: Representing a Receiver
There are effectively two categories of discussion when looking at representing a receiver: Pre-Receivership Representation During the Receivership Representation Pre-Receivership[...]
Selling Distressed Assets: The Assignment for the Benefit of Creditors Alternative
An Alternative to Chapter 11 and Chapter 7 Liquidations Financially distressed companies faced with unlikely prospects for reorganization – and[...]
Receivership 101: Costs in a Receivership
There are two types of costs in a receivership, direct and indirect. Direct costs are the costs incurred and paid[...]
90 Second Lesson: Why Would a Debtor Choose to Liquidate Under Chapter 11?
Question: A reader asks, “I read about a company that filed for chapter 11 recently with a plan to sell[...]
Receivership 101 Video Series
This series of videos and articles provides an overview of state court receiverships: what they are, the different types, costs[...]
How to Save Your Business from Financial Distress: The Potency of Subchapter V of Chapter 11
[Editors' Note: If you’re looking for ways to address your company’s financial distress, you have probably already come across many[...]
Determining Whether or Not to Seek Court Approval of a Sale in a Delaware Assignment for the Benefit of Creditors Case
Is Court Approval Necessary for a Sale in a Delaware ABC Case? For many small insolvent companies, an assignment for[...]
How Far Can the Trustee Reach?
How Far Can the Trustee Reach to Clawback Fraudulent Transfers? Bernard Madoff’s infamous Ponzi scheme left victims in its wake[...]
How To Become a Really Bad Bankruptcy Client And Maybe Even Get Prosecuted
Follow the Rules or You Might Become a Bad Bankruptcy Client What makes a bad bankruptcy client? Failure to follow[...]
90 Second Lesson: What is a state law receivership?
State Law Receiverships: An Overview A receiver is a non-party neutral person or entity that is appointed and empowered by[...]
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[...]