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The Supreme Court Narrows the Bankruptcy Code Safe Harbor for Securities Transaction Payments

In our last article, we discussed the U.S. Supreme Court’s acceptance for review of the Seventh Circuit’s decision in FTI Consulting, Inc. v. Merit Management Group, LP, 830 F.3d 690 (7th Cir. 2016), cert. granted, No. 16-784, 197 L. Ed. 2d 894 (U.S. May 1, 2017). The Seventh Circuit had held that the Bankruptcy Code […]


Long-Term Disruptive Trends: Installment #2 – Transportation Industry Trends

This article is the second in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Read Bankruptcy Venue Reform, the first installment of this series. Introduction to Disruptive Trends The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity, or process. Disruption is ubiquitous […]


Long-Term Disruptive Trends: Installment #1 – Bankruptcy Venue Reform

This article is the first in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Introduction to Disruptive Trends The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity, or process. Disruption is ubiquitous in business. A few examples include customers filing for bankruptcy […]


Healthcare Restructurings: An Overview of Important Issues in Healthcare Bankruptcy Proceedings

Healthcare providers face many pressures, including regulatory compliance costs and the costs of necessary technological and infrastructure investments.  Congress’ repeated attempts to reform healthcare legislation this year have created new uncertainties for the healthcare industry. A survey of financial experts and bankruptcy lawyers predicted the healthcare industry would join the retail industry and oil and […]


Update on CFIUS National Security Review and the Section 363 Sale: Draper Athena as Stalking Horse for Assets of ATopTech, Inc.

A transaction in which a foreign company gains control of US assets can be hammered to sleep by the President acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”).  The delay of CFIUS review and its potential draconian consequence affect the viability of foreign purchaser participation in asset sales […]


Platinum Partners: A Ponzi Scheme Hiding in Plain Sight

No One Questioned This Hedge Fund’s Madoff-Like Returns, by Zeke Faux and published in Bloomberg.com (Jan. 4, 2017), discusses the possibly $1 billion fraud alleged to have been engineered by Platinum Partners entities under the direction of Mark Nordlicht and others.  From this article we take away two principal points: Any sense that the SEC […]


Wave of Restaurant Bankruptcies Could Signal Coming Recession

There have been 10 restaurant company bankruptcy filings since November 2015. These companies, with approximately 1,000 combined locations, showcase the difficult operating realities of restaurant chains and could be a leading indicator of a general decline in economic conditions. Recent Restaurant Bankruptcies Opportunities and Challenges In recent years restaurant operators received increasing interest from private equity […]


Oil and Gas Bankruptcy: Observations of Opportunity Amidst the Crisis

The past 20 months have witnessed the U.S. energy sector slide into a state of distress not experienced since the 1980s. The magnitude of the price collapse and its duration is causing pain everywhere, with producers trying to cut their operations to the bare bone in an attempt to avoid bankruptcy or, in many cases […]


Netflix Barred by Bankruptcy Plan of Relativity From Streaming Films Before Their Release

Relativity Debtors are the “Masterminds” while Netflix sits in “The Disappointment Room” Faced with debts exceeding $1 billion and lacking liquidity, but hopeful that certain assets would bear bountiful fruit in due course, Relativity Fashion, LLC and a host of affiliates (collectively “Relativity”) filed chapter 11 cases in July 2015 in the United States Bankruptcy Court […]


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