Structured dismissal refers to a bankruptcy court dismissal order containing terms and conditions that are in addition to, or which modify, the provisions of Section 349(b) of the Bankruptcy Code. Bankruptcy courts continue to approve structured dismissals that...
You represent a Chapter 11 debtor that is conducting a marketing process for the sale of substantially of its assets and you need to draft a confidentiality agreement that will protect the information provided by the debtor to interested parties. Check out this...
Your bank client is ready and willing to lend funds as part of a commercial real estate transaction. However, the lender wants to protect against the risk that the borrower subsequently files for bankruptcy and is substantively consolidated with the borrower’s...
Subchapter V of Chapter 11 remains an attractive option for small businesses. As a relatively new alternative, case law interpreting the statute continues to develop. For example, courts disagree over whether exceptions to discharge apply to both individual and...
Last week, Rite Aid joined Bed Bath & Beyond, David's Bridal, and numerous other retailers that have filed Chapter 11 over the past year. Rite Aid is looking to sell its assets, reject leases, and conduct going-out-of-business sales. Check out this resource...
During these difficult financial times, distressed companies are contemplating numerous options, including pursuing a sale of the company as part of a bankruptcy strategy. Attorneys will need to understand the differences between asset purchase agreements used...
You represent several troubled companies and need to explore whether an assignment for the benefit of creditors (ABC) is a viable non-bankruptcy alternative for your clients. Practical Guidance provides a way to compare ABC statutes in several states with the State...
Section 546(e) of the Bankruptcy Code's safe harbor prevents avoidance in bankruptcy of certain securities, commodity, or forward-contract payments. Check out this expertly drafted article discussing a recent decision addressing Section 546(e) safe harbor....
If you frequently represent parties in contested matters and adversary proceedings, check out this resource kit which includes general resources for litigating matters in bankruptcy court, and specific resources on topics that are often the subject of litigation...
DIP financing is a critical component of most Chapter 11 reorganizations. Check out this resource kit which includes Practical Guidance materials for drafting, evaluating, proposing, and objecting to DIP financing, including detailed practice notes, templates,...
You represent a company that is experiencing financial difficulties and is considering commencing a workout. Check out this checklist for distressed borrowers who need to negotiate a workout with their lenders during financially challenging times. Read now »...
Automatic stay disputes can arise in several situations, including disputes over lifting the stay, and exceptions to, and the duration of, the automatic stay. Check out this resource kit which includes guidance for counsel handling these and other automatic stay...
Don’t miss the deadline for protecting your client’s claim in bankruptcy! Filing a proof of claim before the bar date is essential. This video highlights the process to file a proof of claim, what should be included in the proof of claim, and how to...
The short answer is yes. Bankruptcy courts continue to approve structure dismissals that do not violate Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017) . Recently, a bankruptcy court issued a decision that provides useful guidance regarding structured dismissals...
Recently, the U.S. Supreme Court issued decisions that address or potentially impact issues of bankruptcy law. Check out this expertly drafted article discussing these decisions and the Supreme Court’s recent denial of petitions for a writ of certiorari....