For companies operating in both the US and Canada, understanding the complexities of cross-border insolvency can be crucial for survival.

Issues in healthcare restructuring differ from corporate restructurings due to the industry’s regulatory environment and focus on patient welfare.

From unpaid wages to benefits and other liabilities, this article explores what really happens to employees when their employer heads into Chapter 11.

Assignment for Benefit of Creditors (ABC) might mitigate loss and preserve going-concern value for the company and its secured creditors.

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

The automatic stay provides the debtor with breathing room to reorganize finances and prevents creditors from racing to recover assets.

Involuntary bankruptcy petitions can help creditors recover debts, but only if filed strategically. Learn how to meet legal requirements and avoid risks.

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

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 […]