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Chapter 11 Plans

Dealing With Distress For Fun & Profit – Installment #4 – The Lifecycle of a Distressed Company

A written tour of business bankruptcy and its alternatives Companies in chapter 11 typically consider (or at least should consider) other options before ending up there. In fact, distressed businesses tend to follow a fairly predictable pattern, or lifecycle: denial, anger, bargaining, depression, and acceptance- – – No, those are the five stages of grief. […]


Dealing With Distress For Fun & Profit – Installment #3 – The Bankruptcy Code

A written tour of business bankruptcy and its alternatives In order to understand the options a financially distressed business (or its owners, creditors, or potential buyers) has, one has to understand the Bankruptcy Code. The Bankruptcy Code is contained in Title 11 of the U.S. Code and is divided into chapters. Chapters 1, 3 and […]


Dealing With Distress For Fun & Profit – Installment #1 – Bankruptcy Basics

A written tour of business bankruptcy and its alternatives You manage a private equity or hedge fund. Or maybe you work for a family office. Or maybe you’re the CEO or CFO of a business that has a competitor that is failing and you are considering trying to buy it on the cheap. Or perhaps […]


The “A&P” Chapter 22 Bankruptcy Saga—Anomaly or Canary in a Coal Mine?

A few months ago, on July 20, 2015, the Great Atlantic & Pacific Tea Company, more commonly known as “A&P,” made history by filing what we in the restructuring industry like to call “Chapter 22”—that is, a Chapter 11 restructuring bankruptcy part deux. A chapter 22 in and of itself is not that unique, but […]


Oil and Gas Restructurings Explained by the Experts – The May 7 Akin Gump Panel Event

If you were looking to get up to speed on the unique aspects of restructurings for Exploration & Production companies in the oil and gas sector, you missed a great event last night with Akin Gump’s “Exploration & Production of an Oil & Gas Restructuring” in New York. Moderated by New York restructuring partner Ira […]


Judge’s Ruling Protects GM Against Certain Ignition Switch Lawsuits

A federal bankruptcy judge ruled recently that GM’s 2009 bankruptcy protects the New GM from potentially billions of dollars in claims related to faulty ignition switches. The main point of contention in the case were some 140 lawsuits from plaintiffs, primarily from the families of 84 people whose deaths have been linked to the faulty […]


BEST OF THE BANKRUPTCY BLOGS – Who Owns this Social Media Account?

This is the first installment of a new series in which we recommend and summarize some of the most notable offerings from the various blogs of law firms specializing in corporate restructuring. We all know how social medial has ascended to an important role in the way businesses, products and brands are promoted today. But […]


RECOMMENDED READING: The Investor’s End Game in Chapter 11

In “Restructurings and Distressed Investing,”[1] James Inness and John Houghton of Latham & Watkins explain that an investor’s return depends upon the debtor making appropriate operational, financial and corporate alterations – of course – but also upon the investor conserving its power to effect such changes (usually in concert with other constituents) according to a realistic […]


What is Distressed Investing?

Distressed investing has been a distinct style of investing for a couple of decades now. Many of us probably feel we understand the general gist of it–purchase bonds of a company that are trading at 50 cents on the dollar, or equity shares that are priced below their long-term value, and if you’ve done your […]


Venue in Bankruptcy: Appaloosa Fails in Bid to Establish Caesars Venue in Delaware

Caesars’ main operating company prevailed against a creditors’ motion last Wednesday in the Delaware Bankruptcy Court that will allow its bankruptcy case to move forward in the Chicago Bankruptcy Court. On January 12, 2014, bondholders filed an involuntary chapter 11 petition against the operating company, Caesars Entertainment Operating Company, Inc. (“CEOC”), in the United States […]


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