In 2026, the modernization and standardization of alternatives to traditional Chapter 11 will continue to be most pronounced in UABCA, UCRERA, and Subchapter V.

A stressed company may be able to navigate back to clear waters. A distressed business is one that is arguably insolvent or on its way to becoming so.

Whether there is change in collateral or a serial number is listed incorrectly, errors in collateral descriptions can lead to expensive disputes.

In a liquidity crisis, managing cash flow is key to business survival. Discover strategies to preserve solvency and navigate through cash crises.

Incorporation by reference allows for brevity in collateral descriptions, but the court may not always find it sufficient.

Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.

In this installment we introduce you to the UCC generally, focusing on Article 9 to illustrate its importance in the context of business distress.

What are the legal remedies available under Article 9 of the UCC to a lender whose loan is secured by the personal property of a borrower who is in default? How can these legal remedies can be implemented in practice?

The SBA’s Views, Court Rulings and Options for Your Company You need to restructure your debt and/or deal as soon as possible with assertive creditors. You want to preserve your company, and you would benefit (or already have benefited) from Paycheck Protection Program (PPP) funds as a bridge. What do you do? Can you risk Chapter 11? Are PPP loans for Chapter 11 debtors available? If not, what are your options? The CARES Act – which has led to two rounds of funding thus far – has proven to be […]

Is It Commercially Reasonable Notice, If No One Is Reading? You represent a secured lender. You are to assist your client in its exercise of rights under UCC §9-610 to sell its collateral after it has foreclosed upon the collateral. Or maybe you represent a chapter 11 debtor and are selling its assets under Bankruptcy Code §363. Or perhaps you are a federal equity receiver selling under 28 U.S.C §2001 et seq. Or you are an assignee for the benefit of creditors or state court receiver who is selling a […]