Marc Skapof

Marc Skapof


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Latest Publications


Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These...more

6/13/2014 - Affordable Care Act Bankruptcy Code Commercial Bankruptcy Healthcare Costs Healthcare Facilities Healthcare Professionals Hospitals Medicaid Medical Reimbursement Medicare Popular Reimbursements

In re School Specialty, Inc., Case No. 13-10125 (KJC) (Bankr. D. Del. Apr. 22, 2013)

In an age of historically low interest rates, lenders rely on fee income and other devices to enhance their returns. One of these mechanisms -- and one that can have dramatic consequences for a borrower -- is the inclusion of...more

5/24/2013 - Borrowers Interest Rates Lenders Loans Make-Whole Premium

Seventh Circuit Reaffirms Absolute-Priority Rule in In re Castleton Plaza, LP

Can an equity investor who directs an insider to contribute "new value" to a debtor under a plan of reorganization, so as to retain his interest in the company, avoid an express market test for that new equity? The answer to...more

2/25/2013 - Absolute Priority Rule Chapter 11 Competitive Bidding Debtors Equity Investors In re Castleton Plaza New Value Plans Reorganizations Unsecured Creditors

Pledges By Debtors To Nonprofits May Not Be Enforceable After Bankruptcy

Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing? A...more

12/10/2012 - Clawback Agreements Pledges

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