Federal equity receiverships are crucial mechanisms for addressing insolvency, fraud, and mismanagement in businesses.

The automatic stay provides the debtor with breathing room to reorganize finances and prevents creditors from racing to recover assets.

Involuntary bankruptcy petitions can help creditors recover debts, but only if filed strategically. Learn how to meet legal requirements and avoid risks.

Defend against bankruptcy preference actions with strategies like contemporaneous exchange, ordinary course of business, and subsequent new value defenses.

The statutes that dictate how to start and manage a receivership may differ depending on the state. It is critical to understand the key differences between jurisdictions.

Whether there is change in collateral or a serial number is listed incorrectly, errors in collateral descriptions can lead to expensive disputes.

Chapter 11 bankruptcy serves as a vital mechanism for businesses aiming to restructure their debts and continue operations.

Many but not all states permit a company to commence an ABC to liquidate all its assets for the benefit of its creditors. The ULC is currently working to create a uniform act on the subject.

Accurate valuations in real estate bankruptcies are critical as they influence negotiations, creditor recoveries, and court proceedings.

Revisiting the TOUSA Case Ruling on Fraudulent Transfers One of the most powerful tools in the Bankruptcy Code available to bankruptcy trustees, or other estate representatives, to maximize creditors’ recovery is the power to avoid and recover fraudulent transfers of a debtor’s property. These include transfers that are made or obligations that are incurred by a debtor: “With the actual intent to hinder, delay or defraud creditors” (§ 548(a)(1)(A)); or “Constructively fraudulent transfers, i.e., transfers made or obligations incurred for which the debtor receives less than reasonably equivalent value, that are made […]