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The overwhelming majority of my practice has involved larger, complex Chapter 11 cases and out-of-court restructurings, representing debtors, Chapter 11 trustees, committees, or creditors. However, with the expansion during Covid of the Subchapter V debt limit to $7.5 million, I have found myself participating in multiple Subchapter V cases as counsel to creditors. I discovered quickly that habits developed in larger Chapter 11 cases do not necessarily translate to Subchapter V. Below, I will share [...]

As the old saying goes, "be careful what you wish for because it just might come true." WeWork, a pioneer of remote work, simply didn't anticipate that "remote" work would one day go beyond "hot desks" to include no office at all. In conjunction with the pandemic, remote work created the perfect storm for the decline of WeWork. WeWork's founder's vision was bold – without question – but it missed something that would ultimately lead [...]

As many in the trade are well aware, Chapter 11 debtors frequently seek bankruptcy court approval to pay the prepetition claims of vendors the debtor has deemed critical to the continued operation of its business and success of its Chapter 11 case. Debtors seek this relief based, in part, on the "necessity of payment" doctrine—that is, their business would be irreparably disrupted and their efforts to maximize value for their estates and creditors would be [...]