Accurate valuations in real estate bankruptcies are critical as they influence negotiations, creditor recoveries, and court proceedings.

Revisiting the TOUSA Case Ruling on Fraudulent Transfers One of the most powerful tools in the Bankruptcy Code available to bankruptcy trustees, or other estate representatives, to maximize creditors’ recovery is the power to avoid and recover fraudulent transfers of a debtor’s property. These include transfers that are made or obligations that are incurred by a debtor: “With the actual intent to hinder, delay or defraud creditors” (§ 548(a)(1)(A)); or “Constructively fraudulent transfers, i.e., transfers made or obligations incurred for which the debtor receives less than reasonably equivalent value, that are made […]

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.

Chapter 15 bankruptcies can reach across international borders, and as such, US bankruptcy courts may need to be involved to resolve claims.

In a Delaware assignment for the benefit of creditors case, court approval is not required for a sale, but, time, money, and preference can factor.

A supplier to a potentially bankrupt retailer can mitigate losses by invoking the right to suspend delivery, demanding adequate assurance, and more.

For companies in decline, it is necessary to begin a process of corporate renewal. The success of this effort will be dependent on competent leadership.

Understanding the concepts of ‘turnaround’ and ‘restart’ is essential in determining whether corporate renewal is possible.

Capital structure may not be relevant for a healthy company’s value, but for distressed companies, liquidity and capital structure can be key.