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Akerman LLP

Dallas is the New Bankruptcy Boomtown

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Why North Texas Is Now a Top Destination for Large-Scale Restructurings -Everything's bigger in Texas, including the state's bankruptcy docket. Over the past twelve months, more mega-bankruptcies were filed in Dallas and Fort...more

Cogency Global

Why Springing Member Provisions Are Often Required for Bankruptcy Remote Entities

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A Delaware LLC can be used as a bankruptcy-remote entity or single-purpose entity, but the structure needs a way to continue if its sole member ceases to be a member. A springing member provision in the operating agreement is...more

Carey Olsen

Comparative table: close-out netting and set-off provisions comparison between jurisdictions

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Legal framework Section 235 of the Companies Act 1981 and Section 37 of the Bankruptcy Act 1989. Section 150 of the BVI's Insolvency Act 2003 (the "Insolvency Act") governs insolvency set-off, applicable to mutual dealings...more

Blake, Cassels & Graydon LLP

Chapter 11 and CCAA: A Cross-Border Comparison

Cross-border restructuring and insolvency proceedings can be complex and challenging for international companies. This plain-language guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors...more

Lowndes

What Landlords Need to Know When a Tenant Files Bankruptcy

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When a commercial tenant files for bankruptcy, landlords face immediate challenges and must navigate complex federal bankruptcy laws. Understanding the key implications can help protect your interests and maximize recovery....more

Ropes & Gray LLP

Insights from Ropes & Gray’s 2026 Credit Funds Forum

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Ropes & Gray hosted the 2026 Credit Funds Forum on May 20 in New York, bringing together over 160 credit professionals to discuss current trends and the outlook for the credit market. The forum featured panels on a variety of...more

Rivkin Radler LLP

No Matter How Bad it Gets . . . Pay Your Withholding Taxes?

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According to statistics released by the Administrative Office of the U.S. Courts for the twelve-month period ending Dec. 31, 2025, bankruptcy filings by businesses rose 7.1 percent and non-business filings increased by 11.2...more

Blake, Cassels & Graydon LLP

Chapter 11 and CCAA: A Cross-Border Comparison - May 2026

Cross-border restructuring and insolvency proceedings can be complex and challenging for international companies. This plain-language guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors...more

Hudson Cook, LLP

New York Appellate Decision Provides Clear and Well-Reasoned Resource for the RBF Industry

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I frequently write about court decisions involving revenue-based financing ("RBF" also commonly referred to as "sales-based finance" or "merchant cash advance") because these decisions are the primary basis on which we...more

Arnall Golden Gregory LLP

Restructuring Roundup - May 2026

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Hogan Lovells

How to preserve optimization of a business in bankruptcy

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This is the fourth article in a continuing series on how to structurally optimize businesses the right way (and cautionary tales about the wrong ways), whether and when to use divisive mergers (and what not to do once you...more

Patterson Belknap Webb & Tyler LLP

Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”

A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested. A debtor’s insiders often cannot satisfy these tests....more

Stark & Stark

When Your Franchisee Files for Bankruptcy: What Every Franchisor Needs to Know Right Now

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The ARC Burger story is a franchisor’s worst-case scenario. ARC Burger LLC, once one of Hardee’s largest franchisees with 77 locations across nine states, filed for Chapter 7 liquidation on April 20, 2026, in the Northern...more

Freiberger Haber LLP

Fraud Allegations Dismissed Due To Bankruptcy Non-Disclosure

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What happens when a business owner believes he’s been misled about the value of his company, only to have his claims dismissed not on their merits, but because of a procedural misstep years earlier? A recent decision from the...more

Herbert Smith Freehills Kramer

Delaware district court affirms enforcement of nonconsensual releases under Chapter 15

The United States District Court for the District of Delaware (the District Court) recently affirmed an order of the Delaware Bankruptcy Court granting recognition and enforcement of a Mexican restructuring plan that...more

Offit Kurman

Prejudgment Asset Freezes: Where the Line Is Drawn

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In these turbulent times, more and more creditors are pushing for prejudgment asset freezes and restraints. Recent decisions in New York and Florida illustrate when that is possible....more

Akerman LLP

574,314 Companies Filed for Bankruptcy Last Year. Here’s What That Means for Yours.

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If your company is grappling with higher costs, shrinking profit margins, or too much debt on the balance sheet, you are not alone. In the United States, bankruptcy filings reached a total of 574,314 in the year ending...more

Latham & Watkins LLP

An Analysis of the Application of Property and Insolvency Laws to DeFi Lending Structures

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DeFi lending protocols now hold billions of dollars in digital assets, yet important questions remain about the legal architecture underpinning them. This article interrogates a deceptively simple question: when digital...more

Cogency Global

Lending with Confidence: Key Due Diligence Searches Explained

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Conducting due diligence is crucial for assessing whether a borrower represents an acceptable risk to a lender. By scrutinizing public records for outstanding liens, litigation, and bankruptcy cases that could impact the...more

Kennedys

Part 5: Claims by insolvency practitioners appointed to the borrowing company

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In this mini-series, we explore dispute risks in the private credit space. Where the borrowing company is put into an insolvency process (or chooses to do so on its own initiative), it is likely that an insolvency...more

Blake, Cassels & Graydon LLP

Élargissement de la portée de la LACC aux investisseurs en capitaux propres, aux sociétés étrangères et aux entités solvables

Les investisseurs en capitaux propres peuvent-ils intenter des procédures en vertu de la Loi sur les arrangements avec les créanciers des compagnies (la « LACC »)? Les sociétés étrangères n’ayant aucun actif au Canada et n’y...more

Proskauer Rose LLP

Hybrid Capital and Private Credit Deep Dive - Alternatives to Enforcement: The Rise of the Equity Option Deed

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Private capital markets have transformed substantially over the past decade. Private credit has established itself as a mainstream asset class, sponsor-backed mid-market buyouts have grown increasingly sophisticated and...more

Walkers

Protecting the vulnerable beneficiary: Guernsey's toolkit beyond discretionary trusts

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When settlors think about protecting a vulnerable family member, whether a child prone to profligacy, an adult struggling with addiction or an elderly relative suffering cognitive decline, the instinctive response is often to...more

Mayer Brown

Knowledge Nuggets - The Creditors' Committee – Pros and Cons of Membership

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I. WHY THIS TOPIC IS IMPORTANT - Alongside the creditors’ meeting (Gläubigerversammlung), the creditors’ committee (Gläubigerausschuss) is the central body for creditor autonomy in insolvency proceedings. Unlike the...more

Kennedys

Part 4: Claims brought by the fund against service providers, the borrower or other lenders

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In this mini-series, we explore dispute risks in the private credit space. The fund against the fund’s service providers - The fund itself may make a claim against ‘insiders’ and service providers such as the fund...more

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