The CRO may lead an organization through mildly difficult situations or shepherd truly distressed ones through much more drastic situations.

When a restructuring crosses borders, tax issues can become even more complicated: tax systems collide, priorities shift, and timing becomes critical.

When a company faces financial distress, its directors stand at a critical intersection of fiduciary duty and operational urgency.

US businesses encounter financial distress through different legal paths, with each having its own tax considerations.

Tax issues exist in most insolvency cases and the failure to address and plan for these can adversely affect multiple persons involved.

A stressed company may be able to navigate back to clear waters. A distressed business is one that is arguably insolvent or on its way to becoming so.

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

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.

While some see third-party releases as essential to achieving global settlements, others view them as dangerous loopholes.

The Chief Restructuring Officer plays a critical role in helping distressed companies navigate the tricky waters of restructuring and bankruptcy.