Latest Articles

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,[...]
The Importance of Liquidity in the Capital Structure of a Distressed Company
How Liquidity Becomes the Kryptonite of a Distressed Company’s Capital Structure A company’s “capital structure” is the array of its[...]
Consignment Arrangements: Dos & Don’ts to Avoid Getting Hurt
What Happens When Your Consignee Becomes Distressed and What You Can Do I was speaking with a client yesterday about[...]
Analyzing Executory Contracts: Can AI Save Us from The Contract Tsunami?
The Overlooked (Giant) Asset Class: Executory Contracts In today’s world, one of the most important sources of assets and liabilities[...]
Rich Man, Poor Man . . . Hurry Up, Man: Wash Away Personal Guarantees Quickly
Facing Personal Liability for Business Debts? Who Ya’ Gonna Call?1 People who are not bankruptcy experts but who know something[...]
90 Second Lesson: Carve-Outs for Unsecured Creditors
How Does a Fee Carve-Out Relate to A Carve-Out for Unsecured Creditors? [Editor’s Note: this is part of our irregular[...]
Lender vs Debtor on the Payment of Post-Petition Interest
The Battle Over Post-Petition Interest for Oversecured Creditors In bankruptcy, an oversecured creditor (in which the value of its collateral[...]
Fraudulent Transfer Remedies: How Much is Enough?
Examining the TOUSA Case Ruling on Fraudulent Transfers One of the most powerful tools in the Bankruptcy Code available to[...]
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[...]
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.[...]