News & Publications

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the Bankruptcy Code's more esoteric legal protections and exceptions that arise in specific kinds of bankruptcy cases. When bankruptcy strikes, creditors should always consult a bankruptcy lawyer to understand what actions they need to take to preserve their [...]

Subchapter V was part of the Small Business Reorganization Act (SBRA),which became law in February. It created a more streamlined and less expensive Chapter 11 reorganization path for small business debtors, and it has the potential to help small businesses reorganize and survive during the COVID-19 pandemic. In Chapter 11, a debtor expects certain administrative expenses. First, the debtor must retain an attorney approved by the court to file and manage the case. Second, under [...]

The COVID-19 pandemic has created1 significant financial distress for many businesses and there have been a number of bankruptcy filings recently,2 with more likely on the horizon. As a result, there is likely to be an increase in acquisitions of companies or assets out of bankruptcy. 3 Companies considering bankruptcy sale-transactions need to consider the structure that best suits their needs—e.g., a " 363 sale" offering a separate sale process and potentially speed, or a sale as part [...]