The Chief Restructuring Officer: Architect, Leader, & Change Agent
Navigating an Extreme Environment as Chief Restructuring Officer The position of Chief Restructuring Officer (CRO) is not well defined or understood.[...]
Missouri’s Commercial Financing Disclosure Act: A Benefit to Court-Appointed Cannabis Receivers
Another State Eases Access to Banking Services Pending a Federal Solution On July 6, 2023, Missouri Governor Michael L. Parson[...]
Cannabis Receiverships: A Creative Solution for Bankruptcy Protection
A Match Made in Heaven? At first blush, cannabis and a legal practice like receivership might seem an unlikely match.[...]
The Independent Director’s Role in Optimizing Corporate Workouts and Bankruptcy Outcomes
How Can Special Committees Influence Your Bankruptcy? The appointment of independent directors may benefit a financially distressed business throughout its[...]
90 Second Lessons: Virgin Lender, Virgin Land: When the Collateral is Dirt
Question Tom S. wrote in asking, "I am a hard money lender and have loaned on all sorts of collateral,[...]
Opening the Kimono: Operational and Financial Reporting Obligations at the Outset of a Chapter 11 Case
While providing numerous advantages to the companies that choose to invoke it, Chapter 11 also imposes significant and sometimes burdensome[...]
90 Second Lesson: Deciphering California Receiverships
Question: Jeffrey B. asks, "Where is a good starting place to understand California receiverships?" Let’s address these receiverships and the[...]
The Fisker Case: My Credit Bid Capped at the Amount I Paid for the Debt?
Should Secured Creditors and Buyers of Distressed Assets Worry About Facing Limits On Their Credit Bids? One way to purchase[...]
90 Second Lesson: Are Secured Creditors Better Off With a Federal Court Receivership or Bankruptcy?
Question: Do secured creditors benefit more from a debtor’s bankruptcy or federal court receivership? Answer: Firstly, what is the difference?[...]
Bankruptcy Considerations in a Collections Action
Consumer Bankruptcy for Collecting Creditors Understanding what can occur during a collection action can be vital in determining which accounts[...]
90 Second Lesson: I’ve Been Asked to Sign an Involuntary Bankruptcy Petition. Should I?
Question: The credit manager of an Akron-based company asks: “One of our commercial accounts is pretty far behind in paying[...]
The Elegant Swan and Clumsy Duck: What is Recharacterization in Bankruptcy?
How the Recharacterization of Debt Impacts Creditors The line between a loan and an equity investment isn’t always clear. In[...]
Determining the Collateral Value of a Secured Claim
Knowing Collateral Value Helps Determine the Creditor’s Rights Under a Plan The question of why we need to know the[...]
Finding Truth in a Debtor’s Balance Sheet: Analyzing Assets, Liabilities, and Equity
How to Read a Balance Sheet Beyond Surface Level A balance sheet provides a snapshot of a company’s financial condition[...]
90 Second Lesson: Is Bankruptcy Needed if Creditors Will Just Agree to Take Less?
Question: Murray D. emailed and said, “I am a general corporate lawyer. One of my clients has been in business[...]
Demystifying Administrative Expenses in Bankruptcy
Priority Claims in Chapter 11 Bankruptcy Bankruptcy professionals, other business professionals, and trade vendors would be reluctant to provide services[...]
90 Second Lesson: When a Seller of Real Property Files for Bankruptcy Before Closing
Question: Sven, of St. Paul, related to us this sad but musical tale, which pertains to purchasing real estate where[...]
Subchapter V of Chapter 11: A User’s Guide
An easy-to-read pdf version of this article is available here. President Reagan famously joked that “I'm from the Government and[...]
Determining Value – Choosing a Business Appraiser
Don’t Leave Valuation to Chance If you were asked what the value of your business is, would you know? How[...]