News & Analysis as of

Liquidation 363 Sales

Baker Donelson

Cautionary Tales Provide Lessons From Lack of Bankruptcy Planning

Baker Donelson on

How many times have we heard in recent months that there will soon be a tsunami of bankruptcy filings in the long term care industry? Many commentators have noted that, despite the easing of the pandemic, the industry...more

Lowenstein Sandler LLP

COVID-19 and Quick 363 Bankruptcy Sales (Rosen)

Lowenstein Sandler LLP on

The Federal bank regulators which supervise banks have made a statement encouraging workouts necessitated by the coronavirus. Loans which would otherwise be classified as TDRs (Troubled Loan Restructurings) will not have to...more

Kramer Levin Naftalis & Frankel LLP

A Look at Retail Restructurings: Forever 21

Kramer Levin was selected as counsel to the Official Committee of Unsecured Creditors of Forever 21 and its affiliates, which filed for Chapter 11 protection in Delaware on Sept. 29, 2019. Forever 21 is a specialty fashion...more

Jones Day

Second Circuit Affirms Bankruptcy Court’s Nullification of Chapter 15 Debtor’s Sale of Claim Due to Woefully Inadequate Price

Jones Day on

In the March/April 2013 edition of the Business Restructuring Review, we reported on an opinion by the U.S. Bankruptcy Court for the Southern District of New York concluding that a chapter 15 debtor’s sale of claims against...more

BCLP

Losing Both Ways: Debtor Diligence in the Identification of Claims

BCLP on

Two recent cases serve as reminders the devil is truly in the details. As to the front-end risks associated with an early § 363(f) sale, in In re Motors Liquidation Company (the “GM” case) we have seen a $10 billion reminder...more

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