When your borrower files bankruptcy, choosing to cooperate can lead to a more successful restructuring or sale. Here’s how to protect yourself if you do.

Debtors must follow bankruptcy reporting requirements both before and during their Chapter 11 case.

Chapter 11 bankruptcy serves as a vital mechanism for businesses aiming to restructure their debts and continue operations.

In a liquidity crisis, managing cash flow is key to business survival. Discover strategies to preserve solvency and navigate through cash crises.

Incorporation by reference allows for brevity in collateral descriptions, but the court may not always find it sufficient.

An organization that is in distress faces a harsh reality: to attempt to turnaround the business or dispose of it. This existential decision is incredibly time-sensitive, as any delay in action erodes the possibility of a successful recovery. In this article, we will explore the distressed organization and the difficult decisions faced by its stakeholders. We will outline considerations to keep in mind when faced with such a situation. As part of this process, we will also examine short-term survival as a concurrent process of the chosen strategy. The Key […]

When Corporate Attorney-Client Communication Is No Longer a Secret Imagine if every secret and strategy that you had ever shared with your attorney were laid open for the world to see. A trustee in a business bankruptcy case may well have the power to review, publish, and wield all of the debtor’s attorney-client communication, including those communications that the debtor’s principals reasonably believed were permanently encased in a fortress of secrecy. The trustee can thus gain major ammunition for claims against insiders, business partners, vendors, attorneys, accountants, advisors, and others. […]

Advice for hard money lenders that have never loaned on raw land before. What special risks does raw land collateral pose to a lender?

It’s typical for secured lenders in a chapter 11 case to set aside a portion of the proceeds of its collateral to pay professional fees. Understand what you may need to know about carve-out fees.

Will lenders loan to a company in bankruptcy? In this installment, uncover the many intricacies of DIP financing & cash collateral motions in bankruptcy.