Involuntary bankruptcy petitions can help creditors recover debts, but only if filed strategically. Learn how to meet legal requirements and avoid risks.

Defend against bankruptcy preference actions with strategies like contemporaneous exchange, ordinary course of business, and subsequent new value defenses.

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.

When a licensor files bankruptcy, a licensee can choose to retain their IP license rights in bankruptcy under the Bankruptcy Code.

Defining the Legal Rate in a Solvent Debtor Bankruptcy Using Contract Rate and States’ Statutory Rates of Interest Chapter 11 bankruptcies generally find the debtor insolvent, but not always. Occasionally, a debtor will emerge from the bankruptcy process as a solvent entity. In those situations, Bankruptcy Code §726(a)(5) may entitle creditors of the debtor’s estate to post-petition interest at the legal rate from the date of filing the petition. [i] In other words, the Bankruptcy Code affords creditors an opportunity to recoup the time-value for the lost use of the […]

Does a law firm in bankruptcy have rights to former client profits? The trend with the ‘Unfinished Business’ Doctrine and Jewel Waiver has answers.

What Should Companies & Restructuring Professionals Know Amid Increased Healthcare Provider Bankruptcies? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. In fact, a PwC report showed a 68% increase in healthcare bankruptcies, with more predicted throughout 2024. It’s important to understand that healthcare restructurings can have unique challenges, which will be discussed below. Healthcare Providers Still Face These Special Issues Among the many factors impacting healthcare providers is the shift to bundled payments for insurance reimbursements. Under the Affordable Care Act […]

Don’t Panic When a client or a competitor files for bankruptcy, it is natural to reflect on the downside. What’s going to happen to my outstanding receivables? Is the market primed for a downturn? How am I going to replace any lost business? These concerns are very real and require meaningful thought and discussion. However, solely focusing attention on the downside can prove short-sighted. There are incredible opportunities in bankruptcy for the astute businessperson. Opportunities in Action Imagine for a moment that you are the chief executive officer (CEO) of […]

Creditors looking to pursue a collections action should understand how Chapter 7 and Chapter 13 bankruptcy processes can affect efforts to collect.

Filing an involuntary bankruptcy petition is a powerful collection tool, but an involuntary petition can also come with fees and liability.