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....
Uptier or liability management transactions (LMTs) are a controversial breed of funded debt transaction, the essence of which is to allow a borrower to evade certain secured lenders' sacred rights provisions and create a higher tier of new, supersenior secured...
Bankruptcy practice consists of both transactional and litigation matters. Transactional bankruptcy attorneys handle a variety of matters, including advising, negotiating, and documenting (1) court restructuring transactions, (2) financing agreements, and (3) acquisitions...
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. Check out this resource kit covering topics related to a debtor's...
Single asset real estate (SARE) Chapter 11 cases generally arise when a SARE debtor is forced to file for bankruptcy relief to stop an impending foreclosure sale. Borrowers who receive SARE status are subject to heightened statutory requirements that limit Chapter...
Section 502(b)(6) of the Bankruptcy Code specifies the maximum allowed amount of a landlord's claim for lease termination damages. Bankruptcy courts disagree over the proper way to calculate the amount of the statutory cap. Check out this expertly drafted article...