An examiner investigates the debtor's affairs or allegations of management misconduct if either the court determines the appointment would be in the best interests of stakeholders and the estate or the debtor has qualifying unsecured debt exceeding $5 million...
We are just over two weeks into April and over 10 entities have already filed mega Chapter 11 bankruptcies. Check out this handy resource to help you keep track of new mega Chapter 11 bankruptcy filings. The tracker provides a summary of certain first-day filings...
Even after a bankruptcy court has confirmed a Chapter 11 plan, changed circumstances prior to the plan's implementation and substantial consummation might make alterations to the plan necessary. Check out this expertly drafted article discussing a recent decision...
You often need to check the Bankruptcy Rules when representing a client in a bankruptcy case. You realize that Part IX of the Bankruptcy Rules incorporates many other Bankruptcy and Federal Rules. You think, “wouldn’t it be nice to have a chart summarizing...
Are you counting your daily steps for a healthier lifestyle? Debtors that are reorganizing also count the days until they emerge from bankruptcy as a healthier entity! Check out this resource kit, which includes Practical Guidance materials on confirming a Chapter...
You represent a secured creditor in a Chapter 11 case. Check out this expertly drafted practice note discussing the concept that a secured lender, as the often-sole beneficiary of the Chapter 11 process and Section 363 sale, should at least pay the costs of the...
Your client asks you to draft a true sale opinion. You don’t know where to start but then you remember that Practical Guidance has a detailed template with guidance, drafting notes, and alternate and optional clauses. Read now » Related Content...
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 the Section 546(e) safe harbor...
In 2021, the U.S. Court of Appeals for the Second Circuit revived litigation in the Madoff case filed by the trustee seeking to recover hundreds of millions of dollars in allegedly fraudulent transfers made to former Madoff Inv. Sec. LLC’s customers and certain...
As we tackle this new year, we should remember the not-so-distant past of 2023. Check out this expertly drafted article looking back on 2023 bankruptcy cases and notable bankruptcy rulings. Read now » Related Content Cure and Reinstatement of Defaulted...
You represent a large equity holder in the debtor’s Chapter 11 bankruptcy case. You spent hours consulting with your client and its financial advisors, and quickly determined the debtor may not be insolvent. You need to advise your client on whether to seek...
Practical Guidance now offers a tracker for you to keep up to date on key debtor in possession (DIP) terms and review select DIP credit agreements. The tracker also links to the docket on Courtlink and identifies the docket number for the DIP orders. Don’t...
The Practical Guidance bankruptcy practice area contains a wide array of resources, including timelines, charts, presentations, trackers, videos, and the state law comparison tool (in addition to numerous practice notes, templates, clauses, and checklists). Check...
The discharge is an order entered at the conclusion of a bankruptcy case that releases the debtor from liability for certain debts that, under the Bankruptcy Code, are dischargeable in bankruptcy. The discharge can be revoked when, among other things, the discharge...
The Bankruptcy Code mandates the appointment of a patient care ombudsman when a health care business files a Chapter 7, Chapter 9, or Chapter 11 case unless the bankruptcy court concludes that the appointment is unnecessary to protect patients under the circumstances...