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
It is common that accountants seek to limit their liability to a client in the event of malpractice. Typically, in the retention agreement, the liability is limited to the amount of fees paid by the client to the accounting...more
1/14/2022
/ Accountant Malpractice ,
Accounting ,
Bankruptcy Court ,
Chapter 11 ,
Debtors ,
Exculpatory Clauses ,
Financial Adviser ,
Gross Negligence ,
Liability Insurance ,
Limited Liability ,
Liquidation ,
Trustees ,
Willful Misconduct
How should a chapter 11 debtor’s financial information be presented to the bankruptcy court to create the best first impression? To give the court an accurate picture of the results of operations during Chapter 11 and for the...more
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
As we enter year two of the COVID-19 pandemic, the number of new Chapter 11 cases being commenced has slowed to a trickle. But the cycle will turn again. There are always companies that lose a major customer, fail to adapt to...more
Expedited Chapter 11 bankruptcies are on the rise because they save money and because key constituents such as bank lenders and bondholders recognize that the more time that a debtor spends in Chapter 11, the more likely the...more
It has been quite the year. We are experiencing a once-in-a-lifetime economic recession as a result of a pandemic, and we are not done yet. There appears to be a time lag between the pandemic and its fully felt impact on real...more
5/3/2021
/ Bankruptcy Court ,
Brick-and-Mortar Stores ,
Business Closures ,
Coronavirus/COVID-19 ,
Debtors ,
Equitable Relief ,
Federal Reserve ,
Foreclosure ,
Hedge Funds ,
Private Equity Funds ,
Real Estate Market ,
Remote Working ,
Restructuring
Understanding the role of the chief restructuring officer has never been more important. Here’s what a CRO can and cannot do.
In recent years, chief restructuring officers (CROs) have increasingly been assigned to assist...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
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