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Business Distress

The Preference Wave Is Coming- What Vendors Should Do Now

If you sold goods or services to a customer that filed Chapter 11 in the last two years, the window to prepare is right now. It closes the day the demand letter arrives.

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DOJ Revives Rare ‘Financial Kingpin’ Statute in Expanded Prosecution of Tricolor Founder

'Financial Kingpin' Statute

Unsealing a superseding eight-count indictment on 6/24, the DOJ has revived the ‘Financial Kingpin’ statute in its prosecution of Tricolor Founder.

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Debtor Eligibility for Subchapter V and Chapter 13 Expected to Rise

A bipartisan bill would raise debt limits for Subchapter V and Chapter 13 bankruptcies, expanding access to lower-cost reorganization options.

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Blazing New Ground: Cannabis Holding Company Obtains Chapter 15 Recognition

Chapter 15

CCHI’s restructuring is emblematic of broader industry challenges and provides a potential new roadmap for cannabis enterprises navigating similar distress.

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How To Defend Against Bankruptcy Avoidance Actions

Bankruptcy Avoidance Actions

Understanding bankruptcy avoidance actions and the defenses available can make a significant difference for companies facing litigation exposure.

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Protecting Business from Non-Payment Risk

Trade credit insurance protects businesses from non-payment of commercial debt by covering business-to-business (B2B) accounts receivable risk exposure.

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Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

Purdue Stops at the Border? Chapter 15 and Foreign Plan Releases

The post-Purdue lesson is that the enforceability of a third-party release may depend not only on what the release says, but on where and how it was approved.

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A Practical Guide to Federal Equity Receiverships

A Practical Guide to Federal Equity Receiverships

Federal equity receiverships can provide a fast, flexible, and practical solution when stakeholders need immediate court-supervised control of assets or operations.

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Fourth Circuit Holds That “Contingent” Proof of Claim Did Not Trigger Statute of Limitations to Collect Withdrawal Liability

“Contingent” Proof of Claim

A recent Fourth Circuit decision is instructive for multiemployer plans and the employers that contribute to them when there is a bankruptcy filing.

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