The Legal Requirements to Cram Down a Plan on Creditors By filing a Chapter 11 petition, the debtor seizes the initiative in proposing a reorganization plan, which is to provide how soon, in what amount, and in what manner creditors’ claims are paid.[i] But a debtor does not necessarily get its way. A class of creditors who are not getting paid in full may reject the plan, which will prevent confirmation on a consensual basis, but the debtor may, by fulfilling additional requirements, ‘cram down’ the plan on those creditors […]

The Chapter 11 debtor is subject to reporting obligations which provide parties with financial and business information about the debtor.

When a seller of real property files for bankruptcy the purchaser has rights under the bankruptcy code and as an executory contract.

Subchapter V works. It saves businesses. It helps the people that own those businesses. And it is cheap and fast, at least compared to “traditional” chapter 11.

Investors may seek to purchase bankruptcy claims against a debtor as part of an investment strategy. What do they need to know before they invest?

Chapter 15 of the Bankruptcy Code deals with foreign debtors with assets in the United States. It allows for disposition of the property.

Let’s take a look at bankruptcy from the secured creditor’s perspective (they play a large role in a distressed business situation). Read about what a secured creditor should know when a business files for bankruptcy.

A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured to unsecured, to bankruptcy and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment covers how to protect you claim in a bankruptcy case.

On July 20, 2015, the Great Atlantic & Pacific Tea Company, made history by filing what we in the restructuring industry like to call “Chapter 22 Bankruptcy.” Read more to see how this case unfolded and what it means for struggling grocers and retail stores.

A reader named Harvey M. wrote in to ask this question: my business licenses certain intellectual property from another company. I am concerned that that company, which we can call “Licensor,” may file for bankruptcy. What will happen to our license if Licensor indeed files?