Browse By Tags

While economists debate the economic forecast for 2023, now may be a good time to refresh your understanding of broker-dealer insolvencies. The Securities Investor Protection Act of 1970 (SIPA) governs the liquidation of the broker-dealer business of...

You represent a party that holds cryptocurrency on a cryptocurrency trading platform. Your client is concerned about a recent bankruptcy court decision where the court found that the cryptocurrency held in the debtor’s account was property of the...

This client alert discusses the impact of the novel coronavirus (COVID-19) on companies that may now need to restructure or file for bankruptcy. COVID-19 has already led to bankruptcy and insolvency filings in different industries, including the drug...

You represent several international corporations that are considering filing insolvency proceedings in foreign jurisdictions. As a result, you need to explore filing cases under Chapter 15 of the Bankruptcy Code. Check out this expertly drafted article...

You represent lenders and need to keep up to date on lender liability issues. Check out this expertly drafted article discussing a recent Delaware district court decision on what actions give rise to an equitable subordination claim. Read now »...

In December 2022, the amendments to the Bankruptcy Rules became effective. Most of the amendments are to the rules governing cases under Subchapter V of Chapter 11 of the Bankruptcy Code. Check out this chart detailing the amendments. Read now »...

It seems like mega bankruptcy cases are being filed on a daily basis. Over the last month, businesses involved with cryptocurrency, reverse mortgages, and pharmacy products (among others) have filed mega Chapter 11 cases. Check out this handy resource...

The U.S. Trustee recently filed a motion for entry of an order directing the appointment of an examiner in the FTX bankruptcy case. Check out this practice note discussing the circumstances that warrant the appointment of an examiner. Read now »...

Need a primer on bankruptcy sales? Check out this video highlighting the Bankruptcy Code's requirements to conduct a sale of a debtor's assets under Section 363, including a discussion of stalking horse bidders, auctions, and sale hearings. ...

You need to understand what is involved if your client pursues an assignment for the benefit of creditors (ABC) instead of a bankruptcy filing. Check out the extensive Practical Guidance resources on ABCs. Read Now » Related Content Assignments...

Recently, the Fifth Circuit addressed claims for make-whole amounts, the solvent-debtor exception, and the appropriate interest rate for such claims. Be sure to read this client alert about the case. READ NOW » Related Content Make-Whole...

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...

Can a district court refer a bankruptcy appeal to a magistrate for a final disposition? Check out this expertly drafted article discussing a recent Fifth Circuit decision addressing this issue. READ NOW » Related Content Bankruptcy Appeals...

You represent parties in a bankruptcy case involving a future claims representative (FCR). Check out this expertly drafted article discussing a recent Third Circuit decision on the standard for the appointment of an FCR. READ NOW » Related Content...

If you routinely represent secured creditors in and out of bankruptcy, check out this expertly drafted article discussing a recent Seventh Circuit decision on whether the terms of a Chapter 11 plan providing for the treatment of secured creditor claims...

You represent a party that holds cryptocurrency on a cryptocurrency trading platform. Your client is concerned about the recent bankruptcy cases involving cryptocurrency trading platforms. Be sure to read this client alert about these cases. Read Now...

Pipeline Health System, LLC and its affiliates filed bankruptcy petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas. According to the first day declaration, the company...

Make sure you are up to speed on the latest in the Oil and Gas industry and what happens in bankruptcy. This expertly drafted practice note discusses the current economic and political forces impacting domestic oil and gas prices and production and how...

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...

Summer is ending and kids are going back to school. Sounds like the perfect time to brush up on the fundamentals of bankruptcy practice. READ NOW » Related Content Chapter 11 Proceedings Review this practice note for an overview of the Chapter...

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...

Your corporate client is having financial difficulties and comes to you to discuss whether to commence a workout. Are you ready to guide the company through a workout? READ NOW » Related Content Workouts: Getting Organized Video Watch this...

Rolling Over a Junior Lienholder's Secured Claim in Chapter 11 You represent a lender holding a prepetition junior lien on a Chapter 11 debtor’s assets. Check out this expertly drafted article discussing whether a roll-up of prepetition senior...

Altera Infrastructure L.P. and certain of its subsidiaries filed bankruptcy petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas. According to the first day declaration,...

If your client calls and wants to commence a bankruptcy proceeding against its borrower because its borrower is in distress, make sure you are up to speed on the requirements of an involuntary bankruptcy proceeding. Involuntary Chapter 11 proceedings...