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...
You represent a party in a dispute against a distressed company. The parties reach a resolution, and you begin working on a settlement agreement. You need to draft the settlement in a manner that protects your client if the distressed company files for bankruptcy...
In December 2023, the amendments to the Bankruptcy Rules became effective. The amendments include changes to Bankruptcy Rule 8003 (Appeal as of Right―How Taken; Docketing the Appeal), and new Bankruptcy Rule 9038 (Bankruptcy Rules Emergency). Check out this chart...
The Bankruptcy Rules contain the notice requirements and procedures for motions, complaints, and other actions that occur in a bankruptcy case. Check out this chart detailing the notice requirements for a Chapter 11 bankruptcy case. Read now » Related...
Section 1124(2) of the Bankruptcy Code allows a Chapter 11 debtor to cure defaults under a prepetition loan agreement and reinstate the maturity date and other terms of the original agreement. Check out this expertly drafted article discussing a recent bankruptcy...
The U.S. Supreme Court has agreed to hear three cases involving issues of bankruptcy law in its most recent term which began in October 2023. Check out this expertly drafted article discussing these three cases. Read now » Related Content Bankruptcy...
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...