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

The section 1111(b)(2) election is an important creditor countermeasure in a Chapter 11 plan cram down attempt by the debtor.

Don’t Panic When a client or a competitor files for bankruptcy, it is natural to reflect on the downside. What’s going to happen to my outstanding receivables? Is the market primed for a downturn? How am I going to replace any lost business? These concerns are very real and require meaningful thought and discussion. However, solely focusing attention on the downside can prove short-sighted. There are incredible opportunities in bankruptcy for the astute businessperson. Opportunities in Action Imagine for a moment that you are the chief executive officer (CEO) of […]

Secured creditors and buyers of distressed assets don’t have to worry about courts limiting their credit bids, but one Delaware case is cause for concern.

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?

Like a professional fee carve-out, secured creditors may also agree to a carve-out for unsecured creditors to appease the court and creditors’ committee.

Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.

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

An Article 9 sale allows a creditor to sell its collateral to a third party in a private or public sale without the need for judicial proceedings.

Let’s take a look at bankruptcy from the secured creditor’s perspective (they play a large role in a distressed business situation). Read about what a secured creditor should know when a business files for bankruptcy.