Recent Articles

90 Second Lesson: What will your lender do if you default on a commercial loan?By The DailyDAC Editors • 09/13/2019
QUESTION: Scott T,  emailed, asking, “I have a client who owns a few income-producing properties and she thinks she may[...]
Bankruptcy Code RevisedBy Jonathan Friedland • 08/27/2019
Some Financial Help for the Little Guy: President Trump Does Something Uncontroversial for a Change and Signs Four New Bankruptcy[...]
When a Seller of Real Property Files for Bankruptcy Before ClosingBy The DailyDAC Editors • 08/23/2019
What are the purchaser’s rights under an executory contract? Sven, of St. Paul, related to us this sad but musical[...]
90 Second Lesson: What is an “Exchange Offer?”By The DailyDAC Editors • 08/05/2019
  QUESTION: Fred T. emailed, asking, “I own securities of a company and heard on the news that it is[...]
The Myth of the Newspaper Being a Commercially Reasonable NoticeBy Christopher M. Cahill • 07/29/2019
Is It Commercially Reasonable Notice, If No One Is Reading? You represent a secured lender. You are to assist your[...]
LLC Membership Interests in Chapter 11 – Can They be Sold Over Other Members’ Objections?By The DailyDAC Editors • 07/22/2019
Interpretation Matters When a chapter 11 debtor holds a membership interest in an LLC, it may be permissible for them[...]
90 Second Lesson: What is a “composition agreement?”By The DailyDAC Editors • 07/01/2019
QUESTION:   Jack B. wrote in the other day, asking us to explain what a composition agreement is. ANSWER: A[...]
When Your Tenant Files for BankruptcyBy Paul R. Hage • 06/28/2019
What a Commercial Landlord Needs to Know When a commercial real estate tenant files a Chapter 11 bankruptcy case, the[...]
Dealing with Distress for Fun & Profit–Installment #20—A Primer on Plan Support Agreements & Restructuring Support AgreementsBy Jonathan Friedland • 06/07/2019
A written tour of business bankruptcy and its alternatives. This is the latest in the series, Dealing with Distress for[...]
Mission Accomplished: Executory Contract Protections Extend Beyond Trademark LicensesBy Hugh McDonald • 05/31/2019
Tempnology Resolves the Treatment of Trademark Licenses Under Bankruptcy Law and More On May 20, 2019, the United States Supreme[...]
90 Second Lesson: If I File a Chapter 7 Bankruptcy, Are the Assets of My Single-Member LLC Safe From the Trustee?By The DailyDAC Editors • 05/24/2019
QUESTION: A small business owner emailed us, on behalf of a friend, to ask whether assets in a single-member LLC[...]
Fancy Filing: Can They File a Chapter 11 Bankruptcy Case Just to Gain a Litigation Advantage?By The DailyDAC Editors • 05/16/2019
The Answer Is: It Depends Debtors often use bankruptcy filing to gain an advantage in litigation. Whether or not they[...]
What Happens in the BVI, Doesn’t Stay In The BVI – Clawbacks of Fraudulent TransfersBy Patrick Fitzmaurice • 05/10/2019
How Far Can the Trustee Reach? It is common practice that trustees will seek to recover or “clawback” fraudulent transfers[...]
Section 363 Sale: Free and Clear of Claims That Are Backed By Strong Public PoliciesBy The DailyDAC Editors • 05/03/2019
Under Section 363(f) Free and Clear Means Free and Clear: A Case Study Bankruptcy sales of assets under section 363(f)[...]
90 Second Lesson: Can my borrower file for bankruptcy just to keep me from foreclosing?By The DailyDAC Editors • 04/29/2019
  QUESTION: An exasperated loan officer emailed us, asking whether the borrower – a commercial real estate lessor – could[...]
The Road to an Assignment for the Benefit of Creditors (ABC): A Case StudyBy Howard Korenthal • 04/25/2019
This detailed story illustrates how a troubled company considered its duties and its options, then executed a strategy using an[...]
90 Second Lesson: Secured Creditors and Toll ChargesBy The DailyDAC Editors • 04/16/2019
  QUESTION: An investment banker recently wrote in, saying this:  “I am currently helping a troubled company sell itself.  The[...]
Chapter 11 Debtor’s Reporting ObligationsBy Richard E. Mikels • 04/11/2019
Reporting Requirements Make the Debtor More Transparent One of the  central principles of bankruptcy is that a debtor should have[...]
Not Necessarily Free and Clear I: Purchasing Real Estate Property in a Section 363 SaleBy The DailyDAC Editors • 03/28/2019
Just Because A 363 Sale Says Free and Clear, Does Not Mean It Is Free and Clear A bankruptcy debtor[...]
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