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Business Distress

When Financial Stress Becomes Distress

Financial Distress

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.

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The Elegant Swan and Clumsy Duck: What Is Recharacterization in Bankruptcy?

Swan deals in recharacterization

A court may recharacterize a creditor’s debt claim as an equity interest. This recharacterization often has a significant impact on creditor claims.

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Determining the Collateral Value of a Secured Claim

Man feeding chicken

Determining the collateral value of a secured claim is more art than science, especially when the claim is over-secured.

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The Practical Guide to a 363 Asset Sale

363 Asset Sale

Section 363 asset sales ensure transparency, fairness, and value maximization while protecting buyers from many risks associated with distressed assets.

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Demystifying Administrative Expenses in Bankruptcy

Lightbulbs hanging in building

Holders of administrative claims are entitled to priority payment so long as the claim was for goods or services that benefited the debtor’s estate.

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The Shifting Ground of Third-Party Releases

Third-Party Releases

While some see third-party releases as essential to achieving global settlements, others view them as dangerous loopholes.

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Unusual Receivership Assets

Unusual Receivership Assets

When most people think of receiverships, they picture distressed companies with familiar assets. But not every case fits neatly into that mold.

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Defending Against Bankruptcy Avoidance Actions

Bankruptcy Avoidance Actions

In business bankruptcy, creditors, vendors, and even business partners may find themselves pulled into lawsuits called ‘avoidance actions.’

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The Business Turnaround: Myth, Magic, and Reality

Business Turnaround

Turnarounds are demanding journeys that require a viable core product, sufficient resources, and highly competent leadership to be successful.

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The Chief Restructuring Officer (CRO): From Restructuring to Stakeholder Management

Corporate Restructuring Professional

The Chief Restructuring Officer plays a critical role in helping distressed companies navigate the tricky waters of restructuring and bankruptcy.

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