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Insolvency

Commercial Real Estate Tenant Bankruptcy — What to Do

Commercial Real Estate Tenant Bankruptcy — What To Do

When a commercial real estate tenant files a chapter 11 bankruptcy case, the landlord faces unfamiliar issues. Although each case is unique, this article provides a basic overview of the issues commercial landlords could run into.


Assess 3 Potential Preference Action Defenses

Assess 3 Potential Preference Action Defenses

These 3 preference action defenses options involve a detailed analysis of historical business interactions and utilization of records to support your transactions.


The A&P Chapter 22 Bankruptcy Saga A Canary in the Coal Mine

The “A&P” Chapter 22 Bankruptcy Saga: A Canary in the Coal Mine

On July 20, 2015, the Great Atlantic & Pacific Tea Company, made history by filing what we in the restructuring industry like to call “Chapter 22 Bankruptcy.” Read more to see how this case unfolded and what it means for struggling grocers and retail stores.


There Ought to Be a Law, and There Is: When the Insolvent LLC’s Manager Distributes Cash But Does Not Pay Creditors

The borrower is an LLC managed by a greedy principal member. The borrower slowly pays the secured creditor and unsecured creditors over years and its business becomes insolvent. The insolvent LLC makes cash distributions to its members, but not to the secured creditors. Is there a law against this sort of behavior?


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

A creditor may seek appointment of a chapter 11 trustee in replacement of the debtor in possession, but there are special considerations to make first.


90 Second Lessons: Nothing in Life is Certain but Death and Taxes: Cancellation of Debt Income

Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it. Question Robin T. wrote in asking, I own a small retail chain that has been struggling. I hired a lawyer to negotiate with my creditors, and […]


Solvent Debtor Chapter 11 Bankruptcy

Solvent Debtor? A Chapter 11 Debtor Need Not Be Broke

A Solvent Debtor Can File for Bankruptcy…but Can They Survive a Motion for Dismissal? Suppose that your borrower or customer files for chapter 11 bankruptcy. You do not like this, because you’ll almost certainly not collect the full amount owed to you. In fact, to get anything at all, you’ll have to get involved with […]


Foreign Insolvency Chapter 15 Bankruptcy

Chapter 15 Bankruptcy: A Concise Overview

What Is the Purpose of Chapter 15 Bankruptcy? Bankruptcies are global fixtures, ones not necessarily restricted by borders. A company that files for insolvency protection in the Caribbean, Europe or the Far East may also have assets and interests elsewhere, like New York or Miami. Under those circumstances, the debtor’s representative may need the assistance […]


Liquidity Crisis is a Melting Ice Cube

How a Distressed Company Can Manage Cash and Stakeholders in a Liquidity Crisis

Considerations for Companies in a Cash Crisis A liquidity crisis is a severe financial situation in which a company does not have enough cash or cash-convertible assets, which can lead to defaults and bankruptcy. Managing cash is critical when working to preserve or maintain solvency in order to maximize opportunities for a successful turnaround or […]


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 […]


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