When Chapter 11 looms, NQDC arrangements and ‘top-hat’ plans can quickly transform from retention tools into contested liabilities.

DIP financing is a specialized form of lending that allows a bankrupt company to borrow money after filing for bankruptcy protection.

A court may recharacterize a creditor’s debt claim as an equity interest. This recharacterization often has a significant impact on creditor claims.

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.

The manager of an insolvent LLC has distributed cash to themselves instead of paying off the company’s debts. What can you do as a creditor?

When a business enters Chapter 11 bankruptcy, securing cash flow becomes a paramount concern. Enter cash collateral and Debtor-in-Possession (DIP) Financing.

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

What Should Companies & Restructuring Professionals Know Amid Increased Healthcare Provider Bankruptcies? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. In fact, a PwC report showed a 68% increase in healthcare bankruptcies, with more predicted throughout 2024. It’s important to understand that healthcare restructurings can have unique challenges, which will be discussed below. Healthcare Providers Still Face These Special Issues Among the many factors impacting healthcare providers is the shift to bundled payments for insurance reimbursements. Under the Affordable Care Act […]

Don’t Panic When a client or a competitor files for bankruptcy, it is natural to reflect on the downside. What’s going to happen to my outstanding receivables? Is the market primed for a downturn? How am I going to replace any lost business? These concerns are very real and require meaningful thought and discussion. However, solely focusing attention on the downside can prove short-sighted. There are incredible opportunities in bankruptcy for the astute businessperson. Opportunities in Action Imagine for a moment that you are the chief executive officer (CEO) of […]

Like a professional fee carve-out, secured creditors may also agree to a carve-out for unsecured creditors to appease the court and creditors’ committee.