Latest Articles

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.[...]
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 creditor[...]