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Insolvency

Healthcare Provider Bankruptcy

3 Special Issues in Healthcare Restructurings

2020 Saw Increased Healthcare Provider Bankruptcies. What Should Companies & Restructuring Professionals Know Moving Forward? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. Congress’ repeated attempts to reform healthcare legislation have long created uncertainties for the healthcare industry. A PwC report predicts that throughout 2021, healthcare […]


Supplier to Bankrupt Retailer

Steps a Supplier Can Take in the Face of a Potentially Bankrupt Retailer

Adequate Assurance, Suspended Delivery, and Other Rights and Remedies of a Supplier to a Bankrupt Retailer The impending bankruptcy of a retailer is one of the most stressful experiences that a supplier may face. The supplier is confronted not only with the potential loss of a major customer, but also with the possibility of significant […]


Economic and Stock Market Data

Stock Market Pundits & Economic Data: What Conclusions Can We Draw on the Distressed Asset Space?

What Distressed Asset Investors Can Glean from Low Interest Rates, Rising Asset Prices and Insolvency on the Horizon DailyDAC readers know that we try to confine ourselves to publishing “evergreen” thought leadership—general education for business owners and investors about business bankruptcy, its alternatives, and related subjects. There isn’t a stark line between the news of […]


Protection Against Preference Actions

How to Assess 3 Potential Preference Action Defenses

Businesses Have Options for Defending a Preference Action. Here’s How to Build the Right Defense. Your company has just been served with a preference complaint. The complaint seeks to recover tens or hundreds of thousands of dollars even though your company has already taken a loss on the debtor’s accounts. Your initial response is anger […]


Consignment agreement for goods in bankruptcy

Consignment Arrangements: Dos & Don’ts to Avoid Getting Hurt

What Happens When Your Consignee Becomes Distressed and What You Can Do I was speaking with a client yesterday about consignment arrangements. What we discussed should be of interest to any company that sells goods using a consignment arrangement, and I thought I would share. What is a Consignment Arrangement? In a consignment arrangement, the […]


Attorney-client communication is not always secret in bankruptcy

Corporate Attorney-Client Privilege is in the Hands of the Bankruptcy Trustee

When is Your Company’s Attorney-Client Communication No Longer a Secret?   Imagine if every secret and strategy that you had ever shared with your attorney were laid open for the world to see. A trustee in a business bankruptcy case may well have the power to review, publish, and wield all of the debtor’s attorney-client […]


Swan deals in recharacterization

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

How the Recharacterization of Debt Impacts Creditors   The line between a loan and an equity investment isn’t always clear. In these cases, those who represent unsecured creditors can impact the distribution on claims in the creditor’s favor. This is done through the recharacterization of debt. In bankruptcy, a debt claim has a higher priority […]


Fisker Auto. Holdings 363 sale credit bid

The Fisker Case: My Credit Bid Capped at the Amount I Paid for the Debt?

Should Secured Creditors and Buyers of Distressed Assets Worry About Facing Limits On Their Credit Bids? One way to purchase assets (including the assets of a business as a going concern) is to prevail at a foreclosure sale or a § 363 bankruptcy auction with a credit bid. The first step is to acquire the […]


90 Second Lesson: What Is a Composition Agreement?

How a Composition Agreement Can Be an Alternative to Chapter 11   QUESTION: John B asks: What is a composition agreement? ANSWER: A composition agreement is an out-of-court contract between a debtor and multiple creditors providing for the reduction or delay in payment of amounts owed by the debtor to the creditors entering into the […]


A chess pawn topples another one, symbolizing the replacing of a debtor's management with a chapter 11 trustee

The Good, the Bad, and the Ugly of Replacing a Debtor’s Management with a Chapter 11 Trustee

Which is Better: Debtor in Possession or Chapter 11 Trustee? The mere act of filing a chapter 11 bankruptcy petition significantly alters the relationship between a debtor and its creditors, yet, perhaps surprisingly, the filing does not automatically trigger removal of the very management team that led (or maybe drove) the debtor into bankruptcy in […]


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