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General Unsecured Creditor

We’re Engaged! Engaged in a Fraudulent Transfer

Fraudulent Transfer

Individuals contemplating bankruptcy can engage in pre-bankruptcy planning, but within limits.

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The Elegant Swan and Clumsy Duck: What Is Recharacterization in Bankruptcy?

Swan deals in recharacterization

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

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Determining the Collateral Value of a Secured Claim

Man feeding chicken

Determining the collateral value of a secured claim is more art than science, especially when the claim is over-secured.

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Demystifying Administrative Expenses in Bankruptcy

Lightbulbs hanging in building

Holders of administrative claims are entitled to priority payment so long as the claim was for goods or services that benefited the debtor’s estate.

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The Fundamentals of the Chapter 11 First Day Hearing

Chapter 11 First Day Hearing

The first day hearing is crucial for stabilizing a Chapter 11 debtor’s operations and setting the tone for the case.

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What Can Creditors Do When an Insolvent LLC’s Manager Distributes Cash But Does Not Pay Creditors

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?

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Cross-Border Insolvency: Canadian Statutory Requirements

Cross-Border Insolvency

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

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Corporate Restructuring — Liability Management Transactions, Private Credit, and the Road Ahead

Corporate Restructuring

The utilization of LMTs, including the use of private credit, in recent restructurings, and the potential role of AI, could permanently change the game of negotiating credit agreements.

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What Happens To Employees When a Company Files for Bankruptcy?

Company Files for Bankruptcy

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

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Opportunities in Bankruptcy: Turning Coal Into Diamonds

Opportunities in Bankruptcy

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 […]

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