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Insolvency

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

A composition agreement is an out of court agreement between the debtor and two or more creditors regarding payment arrangements on a debt.

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

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?

A debtor does not have to be insolvent to file for chapter 11 bankruptcy. Can its creditors pursue dismissal of a chapter 11 case?

The statutes that dictate how to start and manage a receivership may differ depending on the state. One thing is for sure: Washington state a’int Minnesota.

What is a composition agreement? It’s a bankruptcy alternative that can alter payments to creditors that want to keep the debtor in business. Learn more in this 90 second lesson.

A supplier to a potentially bankrupt retailer can mitigate losses by invoking the right to suspend delivery, demanding adequate assurance, and more.

Chapter 15 bankruptcy is a tool for foreign companies with assets in the United States to get assistance from a U.S. bankruptcy court.

QUESTION: Scott T,  emailed, asking, “I have a client who owns a few income-producing properties, and she thinks she may not be able to make her next mortgage payments to her lender. What should I tell her to expect?” ANSWER: Once a default on a commercial loan is looming or occurs, a proactive mortgage lender should be expected to review several factors surrounding property management. If a third-party manager is involved, the lender will want to determine whether any lien rights arise in favor of this property manager, including in […]

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