Browse By Tags

You represent a Chapter 11 debtor that is ready to start the confirmation process and are working on a plan that will hopefully be accepted by the debtor’s lenders and creditors and other parties in interest. The plan must also comply with complicated...

Fraud or other misconduct is often an issue in a bankruptcy case. Fraud allegations against the debtor or insiders concern several areas of the Bankruptcy Code. Check out this resource kit for Practical Guidance materials on fraud in bankruptcy. READ...

We are all bogged down trying to keep track of everything in our personal and professional lives. We made things a little easier. Let us do the work when it comes to tracking new mega Chapter 11 bankruptcy filings. READ NOW » Related Content...

Read this practice note when you have meetings set up with your private equity and distressed debt investor clients and need to discuss loan to own transactions and advise them of their options. READ NOW » Related Content Market Trends 2021...

As we tackle this new year, we should remember the not-so-distant past. Check out this expertly-drafted article that looks back on 2021 bankruptcy cases and notable bankruptcy rulings. READ NOW » Related Content Another New York District...

It has been a few years since the Supreme Court’s decision in the Mission Product case. Your client asks whether its exclusive rights to provide services to the debtor survives rejection of the underlying contract. You may remember reading about...

In December, the District Court for the Southern District of New York found that the bankruptcy court erred in approving the third-party releases contained in the plan filed in the Purdue Pharma L.P.'s (Purdue) bankruptcy case. The district court...

Attorneys representing consumers in Chapters 7 and 13 must understand the differences between the chapters and ensure that everyone has equal access to both chapters under the Bankruptcy Code. READ NOW » Related Content Counseling a Consumer...

You represent various suppliers and creditors that want to protect their interests as they do business with distressed companies. You need to advise them of the steps they can take to protect themselves in case the distressed company files for bankruptcy...

Are you looking for something new to watch? Check out this video on the Chapter 13 means test to understand if a consumer debtor should file for Chapter 7 or Chapter 13 of the Bankruptcy Code. READ NOW » Related Content Chapter 13 Bankruptcy...

Attorneys representing a party in bankruptcy will often have to analyze or prepare a valuation analysis of the debtor or a lender’s collateral. Valuation issues implicate several sections of the Bankruptcy Code. READ NOW » Related Content...

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...