When done well distressed investing can allow buyers to capture value or gain strategic footholds they could not afford in normal markets.

When a restructuring crosses borders, tax issues can become even more complicated: tax systems collide, priorities shift, and timing becomes critical.

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

When a company faces financial distress, its directors stand at a critical intersection of fiduciary duty and operational urgency.

US businesses encounter financial distress through different legal paths, with each having its own tax considerations.

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.

Assignment for Benefit of Creditors (ABC) might mitigate loss and preserve going-concern value for the company and its secured creditors.

The statutes that dictate how to start and manage a receivership may differ depending on the state. It is critical to understand the key differences between jurisdictions.

Many but not all states permit a company to commence an ABC to liquidate all its assets for the benefit of its creditors. The ULC is currently working to create a uniform act on the subject.

In a Delaware assignment for the benefit of creditors case, court approval is not required for a sale, but, time, money, and preference can factor.