The Fisker Case: My Credit Bid Capped at the Amount I Paid for the Debt?
Should Secured Creditors and Buyers of Distressed Assets Worry About Facing Limits On Their Credit Bids? One way to purchase[...]
90 Second Lesson: Are Secured Creditors Better Off With a Federal Court Receivership or Bankruptcy?
Question: Do secured creditors benefit more from a debtor’s bankruptcy or federal court receivership? Answer: Firstly, what is the difference?[...]
Bankruptcy Considerations in a Collections Action
Consumer Bankruptcy for Collecting Creditors Understanding what can occur during a collection action can be vital in determining which accounts[...]
90 Second Lesson: I’ve Been Asked to Sign an Involuntary Bankruptcy Petition. Should I?
Question: The credit manager of an Akron-based company asks: “One of our commercial accounts is pretty far behind in paying[...]
The Elegant Swan and Clumsy Duck: What is Recharacterization in Bankruptcy?
How the Recharacterization of Debt Impacts Creditors The line between a loan and an equity investment isn’t always clear. In[...]
Determining the Collateral Value of a Secured Claim
Knowing Collateral Value Helps Determine the Creditor’s Rights Under a Plan The question of why we need to know the[...]
Finding Truth in a Debtor’s Balance Sheet: Analyzing Assets, Liabilities, and Equity
How to Read a Balance Sheet Beyond Surface Level A balance sheet provides a snapshot of a company’s financial condition[...]
90 Second Lesson: Is Bankruptcy Needed if Creditors Will Just Agree to Take Less?
Question: Murray D. emailed and said, “I am a general corporate lawyer. One of my clients has been in business[...]
Demystifying Administrative Expenses in Bankruptcy
Priority Claims in Chapter 11 Bankruptcy Bankruptcy professionals, other business professionals, and trade vendors would be reluctant to provide services[...]
90 Second Lesson: When a Seller of Real Property Files for Bankruptcy Before Closing
Question: Sven, of St. Paul, related to us this sad but musical tale, which pertains to purchasing real estate where[...]
Subchapter V of Chapter 11: A User’s Guide
An easy-to-read pdf version of this article is available here. President Reagan famously joked that “I'm from the Government and[...]
Determining Value – Choosing a Business Appraiser
Don’t Leave Valuation to Chance If you were asked what the value of your business is, would you know? How[...]
Reviewing Restructuring: A Look Back at 2023 & a Look Ahead at 2024
Bankruptcy 2023, according to Epiq AACER, saw the number (6,516) of commercial Chapter 11 filings rise by 72% as compared[...]
Personal Property Appraisals 101
What You Should Know Before Hiring a Property Appraiser Are you a lender who needs an appraisal of personal property[...]
Investing in Bankruptcy Claims as a Cash Investment
Profitable Or Significant Loss? Creditors have the right to payment from a debtor, even when they file for bankruptcy. A[...]
LLC Membership Interests in Chapter 11: Can They be Sold Over Other Members’ Objections?
Interpretation Matters When a chapter 11 debtor holds a membership interest in an LLC, it may be permissible for them[...]
Getting Over the Scariness of Filing an Involuntary Bankruptcy Petition
The Notorious Case of the Involuntary Bankruptcy Mention involuntary bankruptcy to many in the credit industry and you often get[...]
90 Second Lesson: What is a Chapter 15 Proceeding of the Bankruptcy Code?
QUESTION: Harry A. asks, what is a Chapter 15 Proceeding? ANSWER: Chapter 15 of the Bankruptcy Code was enacted as[...]
Can You Challenge a Section 363 Sale? Bid Now or Forever Hold Your Peace
How Natural Chem Holdings Tried to Beat the Wind in a 363 Sale Appeal You would like to buy wind[...]