You represent a company in financial distress and need to help it evaluate its options, including whether to file a prepackaged bankruptcy. Check out this resource kit, which includes Practical Guidance materials on prepackaged bankruptcy cases, including detailed...
Although broad, the automatic stay does not protect a debtor against everything. Section 362(b) contains exceptions to the automatic stay, which reflect policy decisions made by Congress. Check out this practice note discussing the exceptions to the automatic stay...
You are watching your favorite true-crime documentary, and you notice the detective uses a notepad with a checklist of items to investigate. As creditors’ committee counsel, you don’t need to write a checklist in a notepad. Simply use this checklist...
Companies facing mass-tort claims have increasingly turned to bankruptcy. Mass torts claimants can result from a myriad of situations, for instance, from exposure to asbestos or benzene, sexual abuse, or wildfires started by a power company. Check out this expertly...
You represent a debtor that holds a minority interest in an LLC. To what extent does the automatic stay protect the debtor against the non-debtor majority owner’s actions to strip away your client’s rights? Check out this expertly drafted article discussing...
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...