News & Publications

Valuation Of A Debtor’s Estate In Bankruptcy

Valuation of a Debtor's estate is likely one of the most important analyses a Debtor will undergo. Ascribing value to the estate helps determine the possible payout available to satisfy creditors' claims. The need for valuation arises in multiple stages of the bankruptcy case, which a Debtor's financial advisors and professionals are tasked with completing. Because the Bankruptcy Code does not prescribe a method for valuating assets, judges tend to accept one of several valuation [...]

By |January 11th, 2024|

Small Business Bankruptcy Under Subchapter V

A traditional Chapter 11 bankruptcy reorganization case can be time-consuming and expensive for small and medium sized businesses. These shortcomings often leave smaller distressed businesses without viable restructuring options. To address this, Congress enacted the Small Business Reorganization Act ("SBRA"), which took effect February 19, 2020. The SBRA added the new subchapter V to Chapter 11 of the Bankruptcy Code. Subchapter V provides small businesses with aggregate liabilities of up to $7,500,000 (through June 21, [...]

By |December 12th, 2023|

Trends In Private Credit Restructuring: Out Of Court “Change Of Control” Transactions

Restructurings defy a one-size fits all approach because every deal is unique and different tools are required to solve different problems. At one end of the restructuring continuum is the so-called "amend and extend," where the credit agreement is amended to provide incremental liquidity, extend near-term maturities, modify covenants or some combination of the foregoing. This approach is fast and cost-efficient, but limited in its impact. At the other end of the spectrum is a [...]

By |December 6th, 2023|
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