Key Employee Benefits Issues in a Sale of Assets under Section 363 of the Bankruptcy Code

This article is an excerpt from the forthcoming Second Edition of Collier Monograph: Employee Benefits and Executive Compensation in Corporate Bankruptcy , written by John R. Cornell, Daniel C, Hagen, Tricia Eschbach-Hall and Lisa Rothman Jesner. The authors are lawyers with the international...

Enforcing Prebankruptcy Governance Obligations During Bankruptcy

by Christopher W. Frost In this Emerging Issues Analysis, Professor Christopher Frost examines two contentious corporate governance issues that arise during bankruptcy: (1) actions by the bankruptcy trustee that seek to pierce the corporate veil and allow recovery from shareholders; and (2) the...

Matthew Cavitch on Preservation of Certain Corporate Tax Attributes in Bankruptcy Cases

by Matthew Cavitch In bankruptcy cases involving businesses, a key consideration is often what happens to certain tax attributes, such as net operating losses, when the debtor business presumably re-emerges from the bankruptcy proceeding. Excerpt: In general IRC Section 382 provides that...