Bankruptcy Law News and Insights

ABC: Assignments For The Benefit Of Creditors

Published: Feb 22, 2023
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What's an ABC?  If you ask ChatGPT, “ABC” is an acronym that can have multiple meanings, depending on the context—for example, referring to the alphabet. But here we are talking about a type of business liquidation process in the United States known as an Assignment for the Benefit of Creditors (“ABC”)....

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Distressed Sale Discounts

Published: Feb 08, 2023
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Abstract In restructuring contexts, particularly in relation to Restructuring Plan relevant alternatives and Scheme comparators, it is common to see discounts applied to valuation estimates derived on the basis of the conditions of an orderly sales process. These discounts are often material and consequently can have a significant impact on...

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Sears Holding: A Case Study In Valuing Collateral In Chapter 11

Published: Feb 01, 2023
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Valuation is a critical and indispensable part of the bankruptcy process. How collateral and other estate assets (and even creditor claims) are valued determines a wide range of issues, from a secured creditor's right to adequate protection, postpetition interest, or relief from the automatic stay to a proposed chapter 11...

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