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Do Not Take Consignments Lightly

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

Bankruptcy Venue Reform Bill Needs Amending

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

Bankruptcy Lending Is Very Profitable

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

The Need For An Examiner In Hospital Bankruptcies

One well-known and painful irony of COVID-19 is that many hospitals across America are struggling, even as healthcare has arguably never been more important. These hospitals face an array of problems — from a reduction in...more

Seeking Lender Relief During Uncertainty And Distress

Periods of uncertainty and distress create many questions that businesses must answer. Will they have the human resources and materials with which to produce goods and perform services for your customers? Will their customers...more

CRE Lenders Might Not Like How Bankruptcy Courts Treat Them During The Coronavirus

With a host of commercial real estate owners likely to declare chapter 11 bankruptcy as a result of the coronavirus pandemic, organizations that lend to these companies should keep one thing in mind: bankruptcy court judges...more

Is The Board To Blame?

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

How US Trustees Can Deter Chapter 11 Proxy Abuses

Some problems in the Chapter 11 bankruptcy process — namely, how unsecured creditors committees and their professional advisers are being selected — have emerged in recent years. Moreover, they are only getting worse. The...more

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