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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...

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...

By: Charles M. Oellermann and Mark G. Douglas , Jones Day This article discusses a recent decision in the U.S. Court of Appeals for the Third Circuit addressing whether triangular setoff is permissible in bankruptcy. THE ABILITY OF A CREDITOR TO EXERCISE...

By: Mark Haut, Practical Guidance This article provides an update on several developments that have occurred since the Small Business Reorganization Act of 2019 (SBRA) became effective on February 19, 2020. The SBRA created a new bankruptcy option under...

By: Daniel J. Merrett and Mark G. Douglas , Jones Day This article discusses a recent U.S. Court of Appeals for the Tenth Circuit bankruptcy appellate panel (BAP) decision on whether Section 364(d)(1) of the Bankruptcy Code 1 could be used to approve...

You represent a small retail business that is struggling. The owners are grappling with whether the business can be restructured or whether they should sell or close the business. You need to discuss their options. READ NOW » Related Content...

You represent a Chapter 11 debtor that is solvent and the debtor-client wants to discuss the terms of a plan of reorganization. The debtor-client asks if interest accrues on debts after a bankruptcy filing, and if so, at what rate. READ NOW »...

Your lender client calls you in a panic about a borrower potentially filing for Chapter 11. You vaguely recall there was a recent decision discussing the enforceability of blocking positions. Then you remember reading about this decision in a Practical...

You represent a client that filed an action against a company a year ago to recover outstanding receivables. Before the litigation concludes, the company files for bankruptcy. You need to explain the automatic stay and advise your client of its options...

If the answer is yes, you should check out the Practical Guidance timeline for the Chapter 11 plan process which now has visual timelines outlining the process. READ NOW » Related Content Section 363 Sale Timeline Use this timeline, with...

It is an exciting time! The court just approved bidding procedures and your client wants to bid at the auction. Here is what to expect. READ NOW » Related Content Buyer’s Considerations in a Section 363 Sale Checklist Use this checklist...

Recently, courts and commentators have questioned the continued viability of the equitable mootness doctrine. In August, the Eighth Circuit criticized the doctrine of equitable mootness and severely limited the doctrine. READ NOW » Related Content...

Halloween is right around the corner, and you are daydreaming about your candy preferences. However, your client just got served a complaint and is thinking about bankruptcy preferences. You abandon your candy dreams and begin to analyze the many potential...

You represent a small business that is failing to meet its financial obligations and wants to reorganize. Your client asks you to explain the differences between filing a small business bankruptcy and a Chapter 11. READ NOW » Related Content...

As counsel to a lender, you must be well-versed in lender liability issues, including potential exposure based on claims arising under the Bankruptcy Code. Certain lender practices can decrease the risk of liability in a borrower debtor’s bankruptcy...

Are you tired of your research going nowhere? Are you new to bankruptcy practice and don’t know where to start? Look no further! Check out this video for the best practices and tips for conducting bankruptcy research. VIEW NOW » Related...

We are all bogged down trying to keep track of everything in our personal and professional lives. Let us do the work when it comes to tracking Subchapter V legal developments. READ NOW » Related Content Small Business Reorganization Act...

Unfortunately, people who loan money to their friends can probably relate to permanently saying goodbye to their money. However, DIP lenders usually protect themselves from this fate by carefully crafting a DIP loan agreement. READ NOW » Related...

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...

You represent a company that is in financial distress. You need to help your client evaluate its options, including whether to file a prepackaged bankruptcy. READ NOW » Related Content Prepackaged and Prearranged Bankruptcy Comparison Review...

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...

Are you looking for a video that has the excitement and drama of the Olympics? Look no further! Check out this video highlighting the benefits of Subchapter V of the Bankruptcy Code. READ NOW » Related Content Subchapter V Decision Tracker...

You represent a creditor that entered into a pre-bankruptcy subordination agreement. In the subordination agreement, your client (the subordinated creditor) assigned to a senior creditor its right to vote on any Chapter 11 plan proposed for the borrower...

Your corporate client is considering buying a Chapter 11 debtor’s assets in bankruptcy. However, your client doesn’t want its competitors or the market to know about its interest. You need a confidentiality agreement that is used in Section...

You represent a creditor in a Chapter 11 bankruptcy, and you suspect the debtor has engaged in egregious mismanagement and improper conduct. You wander the streets aimlessly wondering what to do. Suddenly, it occurs to you. You need an examiner! READ...