While things worked out for vendors who did not file a UCC-1 in the Sports Authority Chapter 11, you may not be so lucky.
Never assume that it is not necessary to properly perfect a consignment arrangement by filing a...more
2/24/2022
/ Article 9 ,
Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Inventory ,
Liens ,
Sports Authority ,
Uniform Commercial Code (UCC) ,
Vendors
The issue of venue reform has been debated for many years and is again being revisited in light of the expected surge in bankruptcy cases in the wake of the COVID-19 pandemic and certain recent large Chapter 11 filings,...more
In a historically low interest rate environment, where can you find returns in the double digits? Surprisingly, the answer is in chapter 11 bankruptcy cases as a “DIP” (debtor in possession) lender.
DIP Loans Can Be...more
In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the...more
No one wants to consider bankruptcy. But as the downturn persists, CFOs will benefit from understanding their lenders' tactical goals.
If you haven't thought about how to position your company for bankruptcy protection,...more
At the moment, the bankruptcy court may be an unfriendly place for impatient lenders.
As the United States and much of the world reel from the coronavirus pandemic, many businesses’ revenues have been shut off (or close to...more
4/7/2020
/ Borrowers ,
Chapter 11 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Financial Distress ,
Landlords ,
Lenders ,
Tenants ,
Unsecured Debt
A bankruptcy trust for creditors (including former workers and trade vendors) who lost significant sums of money in the Toys “R” Us Inc. (TRU) bankruptcy sued former Chief Executive Officer David Brandon, several other...more
Successful Chapter 11s for retailers have become few and far between. Sears, Toys "R" Us, Barneys New York, Forever 21, Coldwater Creek, Fred's, Fairway and A&P are just a few examples of recent retail...more
3/5/2020
/ Administrative Bankruptcy Claims ,
Bankruptcy Reform ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Distributors ,
Financing ,
Liquidation ,
Retailers ,
Risk Assessment ,
Risk Mitigation ,
Sears ,
Toys R Us ,
Vendors
A company commences a Chapter 11 bankruptcy case, obtains “debtor in possession” financing and then asks its vendors for more unsecured credit because (according to the debtor) the debtor just got lots of new financing and...more
3/4/2020
/ Administrative Bankruptcy Claims ,
Chapter 11 ,
Commercial Bankruptcy ,
Credit ,
Creditors ,
Debtors ,
Debtors-in-Possession ,
Financing ,
Lenders ,
Proof of Claims ,
Reorganizations ,
Reservation of Rights ,
Secured Debt