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Business Distress

HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

HERTZ After Cert Denial

The Supreme Court’s recent decision in the Hertz case underscores that a solvent debtor cannot have it both ways.

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Single Asset Real Estate Bankruptcies: Where Strategy Meets Ethics

Single Asset Real Estate Bankruptcies

Understanding SARE cases requires an appreciation for how financial pressure, timing, and professional judgment come together in real-world scenarios.

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What the First Brands Implosion Teaches Lenders about Cash Collateral in Bankruptcy

Cash Collateral

A recent federal court decision offers a stark lesson for lenders about the automatic stay, adequate protection, and the use of cash collateral.

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Foreign Third-Party Releases Survive Purdue Pharma, At Least in Chapter 15

Foreign Third-Party Releases

A nonconsensual third-party release approved by a Mexican court can be enforced in the United States under Chapter 15 of the Bankruptcy Code.

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DIP Financing: How Companies Fund a Chapter 11 Case

DIP Financing

DIP financing is a specialized form of lending that allows a bankrupt company to borrow money after filing for bankruptcy protection.

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Insider Lease Agreements: When Smart Structuring Crosses the Ethical Line

Insider Lease Agreements

When financial distress emerges and a bankruptcy filing follows, insider lease agreements are subject to close review and scrutiny by the court.

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Understanding Lift Stay Motions in Chapter 11

Lift Stay Motions

The lift stay motion is a procedural tool that often shapes leverage, timing, and outcomes in a Chapter 11 case long before a plan is ever confirmed.

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‘Void’ Judgments Are Not Void After All

'Void' Judgments

The recent Supreme Court decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. Learn why.

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When a Bad Debtor Owes You Money

When a Bad Debtor Owes You Money

Early signs of customer financial distress can quickly snowball into serious cash-flow problems, especially for third-parties who depend on steady receivables.

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Valuing Real Estate Assets in Distress: Ethical Considerations

Valuing Real Estate Assets in Distress

In distressed situations, real estate valuation becomes a strategic tool that can ultimately determine who ends up controlling an asset.

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