Latest Articles

Subchapter V of Chapter 11: A User’s Guide
President Reagan famously joked that “I’m from the Government and I’m here to help” are nine of the most terrifying[...]
90 Second Lessons: Working for a Struggling Business: Can this Car Be Turned Around?
Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question,[...]
90 Second Lessons: Nothing in Life is Certain but Death and Taxes: Cancellation of Debt Income
Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question,[...]
90 Second Lessons: Virgin Lender, Virgin Land: When the Collateral is Dirt
Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question,[...]
90 Second Lessons: The Mindset of a Real Estate Workout Lender
Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question,[...]
Not Necessarily Free and Clear: Purchasing Real Estate Property in a Section 363 Sale
Just Because a 363 Sale Says Free and Clear, Does Not Mean It’s True A bankruptcy debtor is offering commercial[...]
Chapter 11 Reporting Requirements: How Debtors Must Stay Transparent
Bankruptcy Reporting Requirements Before and During Chapter 11 One of the  central principles of bankruptcy is that a debtor should[...]
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[...]
90 Second Lesson: What is a UCC Article 9 Sale?
An Introduction to UCC Article 9 Question: What is it? Jack B. emailed, asking, “Please explain what an Article 9[...]
Alternative Debtor Management? Discharge Your Fiduciary Duty at $1,155 Per Hour!
Examining the “Fiduciary for Hire” and the NRA’s Bad Faith Bankruptcy “When in doubt, mumble, when in trouble, delegate, when[...]
The Nuts & Bolts of Ipso Facto Clauses and Golden Share Arrangements That May Sidestep the Bankruptcy Code’s Prohibition
When are Ipso Facto Clauses and Golden Share Arrangements Enforceable in Bankruptcy? “Termination on bankruptcy” provisions—ipso facto clauses—are commonly used[...]
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 Bankruptcy
Trade Creditors Still Have Options In the Event of a Customer Bankruptcy When a customer files bankruptcy, vendors can be[...]
How to Protect Your IP Rights When Your Licensor Files for Bankruptcy
What Companies Can Do to Protect Their IP Rights in Bankruptcy The Kodak case brought into sharp focus the treatment[...]
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: Is a Business Turnaround Still Possible?
How to Know When It’s Too Late for a Distressed Company [Editors’ Note: This lesson is part of our irregular[...]
Dealing with Corporate Distress 08: Preventing Forest Fires with First Day Motions in Chapter 11
The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency In this installment, we take you on a tour of the[...]
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[...]
Chapter 15 Bankruptcy: A Concise Overview
What Is the Purpose of Chapter 15 Bankruptcy? Bankruptcies are global fixtures, ones not necessarily restricted by borders. A company[...]
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