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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When Chapter 11 looms, NQDC arrangements and ‘top-hat’ plans can quickly transform from retention tools into contested liabilities.
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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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In distressed situations, real estate valuation becomes a strategic tool that can ultimately determine who ends up controlling an asset.
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Not all property bought in a 363 sale is free and clear of liens or encumbrances, as is shown in the case of a golf course and car dealership sale.
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Retention in a Chapter 11 reorganization ensures distressed businesses are able to navigate the complexities of bankruptcy.
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When a business is struggling, a receivership can offer flexibility that traditional bankruptcy may lack and can help stabilize a critical situation quickly.
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The first day hearing is crucial for stabilizing a Chapter 11 debtor’s operations and setting the tone for the case.
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Cash collateral and DIP financing orders are powerful tools that can keep a distressed company alive while its stakeholders sort out who gets paid what and when.
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When a business enters Chapter 11 bankruptcy, securing cash flow becomes a paramount concern. Enter cash collateral and Debtor-in-Possession (DIP) Financing.
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