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Business Bankruptcy
Like a professional fee carve-out, secured creditors may also agree to a carve-out for unsecured creditors to appease the court and creditors’ committee.
When your borrower files bankruptcy, choosing to cooperate can lead to a more successful restructuring or sale. Here’s how to protect yourself if you do.
A distressed exchange offer allows a struggling company to purchase its outstanding debt securities by offering new securities rather than cash.
Who makes the top of the list in the order of priority? See where you fall based on the absolute priority rule.
The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?
Why would a secured creditor prefer to sell its collateral outside of bankruptcy? Here’s how time, money, and control differ in a 363 sale vs Article 9 sale.
Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.
A distressed business has a multitude of options to explore. Understand how Bankruptcy Code Section 363 works during a business bankruptcy.
Understand the ways in which distressed real estate is different from when an operating business in distress.
Understand what the “in pari delicto” defense is and how it can be used in a bankruptcy proceeding to protect yourself.