At the end of 2014 and into early 2015, the sharp decline in the oil price was daily news. While there has been some recent respite from the price falls that were being recorded, this article explores how the new lower price will impact companies in the sector in the short and medium terms. From...

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Beginning in the second half of 2016, the Canadian mining sector started to crawl out of the prolonged downturn that started in 2011, when commodity prices peaked and started a long, slow decline. That decline prompted many in the turnaround and restructuring sector to plan for a lot of work in the...

While the main focus of academic and professional investment research in the risky corporate credit market has typically been on the performance of high-yield bonds, including, importantly, the default and recovery rates of those bonds that default, there is very little similar work on defaulted...

By now, it has become cliché to say that mall anchors and in-line specialty stores are in a state of contraction, that the digital sales channel is cannibalizing revenue that formerly went to the brick-and-mortar channel. “Retail restructuring” has almost become an oxymoron. With rare exceptions,...

Many bankruptcy attorneys, financial advisors, and investment bankers who work in the distressed business industry believe that when interest rates increase to more historic levels the industry will enjoy a much-needed resurgence after five years of depressed engagement volume and fees. Clearly the...

Fraudulent conveyance is a legal concept involving the transfer of property for less than equivalent value to defeat a creditor’s ability to collect from its debtor. Whether a fraudulent conveyance has occurred is highly dependent on the facts and circumstances of the case. For example, if someone...

The nonprofit sector is an important component of today’s society. Included within this sector are most of the nation’s premier hospitals and universities; orchestras; theater and opera companies; all religious congregations; family and children’s services, neighborhood development, antipoverty,...

In distressed situations and workouts, lenders often trade forbearance and additional funding for concessions that make it easier to foreclose if the debtor commits new defaults or files a bankruptcy. Two recent Bankruptcy Court decisions refused to enforce provisions in forbearance agreements that...