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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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 is more art than science, especially when the claim is over-secured.
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Section 363 asset sales ensure transparency, fairness, and value maximization while protecting buyers from many risks associated with distressed assets.
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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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While some see third-party releases as essential to achieving global settlements, others view them as dangerous loopholes.
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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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In business bankruptcy, creditors, vendors, and even business partners may find themselves pulled into lawsuits called ‘avoidance actions.’
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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 plays a critical role in helping distressed companies navigate the tricky waters of restructuring and bankruptcy.
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