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Postpetition Transactions

Lender on lender violence

Uptier Transactions and Other Lender-on-Lender Violence: The Potential for More Litigation and Disputes on the Horizon

Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.


Can A Borrower File for Bankruptcy to Stop Foreclosure

90-Second Lesson: Can a Borrower File for Bankruptcy to Stop Foreclosure?

Explore whether a debtor can file chapter 11 reorganization bankruptcy to evade a court-ordered receivership.


You Sued and Won. Now What How to Enforce a Judgment in Illinois and Turn It Into Cash

You Sued and Won. Now What? How to Enforce a Judgment in Illinois and Turn It Into Cash

You just won a hard-fought trial and obtained a money judgment against a corporate defendant. But how do you go about enforcing a judgement? You may need a collection lawyer to navigate difficult judgment debtors.


Calculating Legal Rate

What Constitutes the “Legal Rate” in a Solvent Debtor Bankruptcy Case?

Defining the Legal Rate in a Solvent Debtor Bankruptcy Using Contract Rate and States’ Statutory Rates of Interest Chapter 11 bankruptcies generally find the debtor to be insolvent, but not always. Occasionally, a debtor will emerge from the bankruptcy process as a solvent entity, and in those situations, Bankruptcy Code §726(a)(5) may entitle creditors of […]


Basic Chapter 11 Concepts

Dealing with Corporate Distress 06: Four Basic Chapter 11 Concepts to Know Before We Go any Further

The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In the last two installments of this series, we introduced you to things a company should consider before deciding whether to file chapter 11, and a timeline for understanding how a “typical” chapter 11 case proceeds. In this quick little ditty, we want to make sure […]


Dealing With Distress for Fun & Profit – Installment #17 – Overview of DIP Financing and Cash Collateral Motions

There is a seeming irony here in that a company that files for bankruptcy often does not have the cash to do so. That’s where DIP financing comes in.


Dealing With Distress For Fun & Profit – Installment #4 – The Lifecycle of a Distressed Company

A written tour of business bankruptcy and its alternatives Companies in chapter 11 typically consider (or at least should consider) other options before ending up there. In fact, distressed businesses tend to follow a fairly predictable pattern, or lifecycle: denial, anger, bargaining, depression, and acceptance- – – No, those are the five stages of grief. […]


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