Recent Bankruptcy Articles

Dealing with Distress for Fun & Profit— Installment #18—How to Confirm a Chapter 11 PlanBy Jonathan Friedland • 10/18/2018
  A written tour of business bankruptcy and its alternatives. This is the latest in the series, Dealing with Distress for Fun & Profit, which you can read from the beginning if you like.  In this bat-installment, we turn to what is, theoretically, one of the most important parts of[...]
Law Firm Bankruptcies: The “Unfinished Business” Doctrine and the Jewel WaiverBy Phillip D. Anker • 08/09/2018
One of the interesting aspects of business bankruptcy cases is that both the businesses and the issues their bankruptcy proceedings present can differ so much. In recent years, for example, we have seen department stores (Macy’s, Federated), toy retailers (Toys R Us), bookstore chains (Borders), automobile manufacturers (GM, Chrysler), supermarkets[...]
The Supreme Court Narrows the Bankruptcy Code Safe Harbor for Securities Transaction PaymentsBy Anna Kordas • 06/07/2018
In our last article, we discussed the U.S. Supreme Court’s acceptance for review of the Seventh Circuit’s decision in FTI Consulting, Inc. v. Merit Management Group, LP, 830 F.3d 690 (7th Cir. 2016), cert. granted, No. 16-784, 197 L. Ed. 2d 894 (U.S. May 1, 2017). The Seventh Circuit had[...]
Timing Is Everything: How to Make a Rough Assessment of Potential Preference Action Defenses (PART 2)By Robert C. Maddox • 04/26/2018
Editor’s Note: Part 1 of this article laid out the prima facie case a plaintiff needs to have in order to sue for a preference, outlined the major defenses and explained the importance and use of certain key documents in assessing and maintaining a defense. Part 2 now delves into[...]
Timing Is Everything: How to Make a Rough Assessment of Potential Preference Action Defenses (PART 1)By Robert C. Maddox • 04/23/2018
Your company has just been served with a preference complaint. The complaint seeks to recover tens or hundreds of thousands of dollars even though your company already has taken a loss on the debtor’s accounts. Your initial response is anger at the unfairness of being sued. Fortunately, Congress included defenses[...]
Long-Term Disruptive Trends: Installment #2 – Transportation Industry TrendsBy Todd A. Zoha • 03/10/2018
This article is the second in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Read Bankruptcy Venue Reform, the first installment of this series. Introduction to Disruptive Trends The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity,[...]
Long-Term Disruptive Trends: Installment #1 – Bankruptcy Venue ReformBy Todd A. Zoha • 02/21/2018
This article is the first in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Introduction to Disruptive Trends The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity, or process. Disruption is ubiquitous in business. A few examples[...]
To Tell The Truth; The Importance Of Full And Frank Disclosure To Preserving The Attorney-Client PrivilegeBy Patrick Fitzmaurice • 01/08/2018
Imagine yourself as the owner of a small company, or the CEO of a large corporation. The company is not doing well, but you are convinced the distress can be overcome. While sales are down, competition is fierce and your latest expansion – made with borrowed money – did not[...]
Third-Party Litigation Funding and Issues It Creates In Bankruptcy Cases – This Ain’t Your Father’s Contingency Fee Arrangement!By Thomas J. Salerno • 12/05/2017
Third party litigation funding ("TPLF") is, beyond a doubt, here to stay. In bankruptcy cases, TPLF arises in a number of contexts. First is the TPLF as a pre-petition secured or unsecured creditor—i.e. the TPLF source funded litigation and thereby acquired property rights in litigation proceeds or perhaps otherwise as[...]
Being Proactive: Steps a Supplier Can Take in the Face of Potential Customer BankruptcyBy Erin N. Brady • 11/28/2017
The impending bankruptcy of a retailer is one of the most stressful experiences that a supplier may face. The supplier is confronted not only with the potential loss of a major customer, but also with the possibility of significant financial losses on account of unpaid accounts receivable. A supplier often[...]
NAFER 2017 Annual Conference: The Biggest and Best So Far!By The DailyDAC Editors • 11/15/2017
David Dantzler, Marshall Gandy, Travis Correll, and Greg Hays Time it was oh what a time it was, it was!2 A time of non-innocence and confidences, to be sure, for the Keynote Presentation of the NAFER 2017 Annual Conference featured a convicted Ponzi schemer (Travis Correll, master of a $100[...]
Fraudulent Transfer Remedies – How Much is Enough?By Laura Davis Jones • 11/13/2017
One of the most powerful tools in the Bankruptcy Code available to bankruptcy trustees (or other estate representatives) to maximize the recovery of creditors is the power to avoid and recover fraudulent transfers of a debtor’s property.  These include transfers that are made, or obligations that are incurred, by a[...]
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