Latest Articles

The Independent Director Role in Optimizing Corporate Workouts and Bankruptcy Outcomes
How Can Special Committees Influence Your Bankruptcy? The appointment of independent directors may benefit a financially distressed business throughout its[...]
“Bankruptcy filings are mounting. And that’s just the tip of the iceberg” – – – A Dissection & Analysis
[Editor’s Note: This is a republished article. The original article was published on LinkedIn on September 20, 2020.]   There[...]
Potential Pitfalls and Opportunities in Healthcare Restructuring
How Unique Issues in Healthcare Restructuring Set It Apart from Corporate Restructuring   Over the past decade, arguably no industry[...]
An Introduction to Bankruptcy Claims Trading
A Primer on the Bankruptcy Claims Marketplace Upon the filing of a bankruptcy petition by a debtor in a U.S.[...]
A Non-Debtor Perspective on Executory Contracts
A Non-Debtor’s Rights in the Treatment of Executory Contracts     Among the most powerful and best known tools that[...]
The Northwest Company LLC – Court Rejects Debtors’ Choice of Successful Bidder, Names Formerly Back-Up Bidder Ashford as Auction Winner
August 25, 2020 – In an unusual twist to an unusual asset sale process, the Court hearing the Northwest Company[...]
When are Goods ‘Received by the Debtor’ for Purposes of a Section 503(b)(9) Administrative Expense Claim?
Two Decisions that Clarify “Receipt” of Goods in Administrative Expense Claims   Section 503(b)(9) of the Bankruptcy Code1 allows a[...]
Kuney’s Corner: The Many Fates of Intercreditor Agreements
Potential Outcomes of Intercreditor Deeds   Secured creditors often seek agreement among themselves in order to limit intercreditor conflict and[...]
Legacies of the Jevic Case: Structured Dismissals Three Years after the Fall
Revisiting the Jevic Case and the Absolute Priority Rule   In the familiar scenario, a highly-leveraged debtor files for Chapter[...]
90 Second Lesson: First Step Before Buying a Distressed Business
How Types of Sales Affect the Purchase of a Distressed Business   Editor’s Note: this is part of our irregular[...]
Force Majeure, MAC Clauses & COVID-19: A Court Speaks to Every Commercial Tenant in the United States
Why You Should Include a Force Majeure Clause in Lease Agreements     The Northern District of Illinois delivered a[...]
Limiting Credit Bidding in Section 363 Bankruptcy Sales Post-In Re Aéropostale, Inc.
Chilled Credit Bidding and the Section 363 Sale   Section 363(k) of the Bankruptcy Code (the “Code”) allows a secured[...]
Kuney’s Corner: The Secured Creditor’s Counter Strike – Section 1111(b) Election
Section 1111(b) Election: A Countermeasure for Undersecured, Secured Creditors   Mathew 5:29 - And if thy right eye offend thee,[...]
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   Editors’ Note: This is part of our[...]
Dealing with Corporate Distress 04: Chapter 11—If You’ve Seen One, You’ve Seen Them All
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency This installment of our series is required reading for the next,[...]
How to Discharge Student Loan Debt in Bankruptcy – Yes, It’s Possible!
The Complexity of Student Loan Debt in Bankruptcy… Demystified   Student loan debt has hit a record $1.6 trillion. This[...]
90 Second Lesson: Deciphering California Receiverships
Understanding California Receiverships Through California CCP   Editors’ Note: This is part of our irregular series in which we answer[...]
6 Common Mistakes in Drafting Collateral Descriptions
Avoid These Costly Errors in Collateral Descriptions   Drafting can easily go awry. When collateral descriptions are drafted errantly in[...]
Convertible Securities: Appealing in this Uncertain Market
The market has changed a lot since our last look at convertible bonds about six months ago. Not only has[...]