For decades, mediation in bankruptcy has been a preferred method for resolving disputes involving distressed entities, and the enactment of the Small Business Reorganization Acct (SBRA), which became effective on February 19, 2020, practically ensured that this trend would continue. Since the 1980s...
Complex Chapter 11 practice is, at its core, an exercise in consensus building. Mediation has historically been and remains a valuable tool in helping parties involved in Chapter 11 cases (large and small) reach consensus. Two recent examples underscore the value of mediation as a consensus...
On February 1, 2022, amended local rules for the U.S. Bankruptcy Court for the District of Delaware went into effect. Among other things, the Bankruptcy Court’s revised local rules clarify the scope of mediation confidentiality protections. The amended local rules are likely to be seen as welcome...
Frequently, parties locked in a dispute in a bankruptcy case are able to reconcile their differences through a mediation process, as permitted by the local rules and often with encouragement of the court. While Bankruptcy Courts welcome mediation between consenting parties, a court’s discretion is...
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their...
Reorganizing under Subchapter V is less expensive for the debtor because certain administrative expenses that a small business would normally incur in a Chapter 11 case have been eliminated. Who is really eligible under the $7.5M...
We’ve asked the experts, “a bitcoin for your thoughts?” Find out everything you need to know about crypto and blockchain. Understand the current trends, risks, and opportunities in this space. Is bitcoin a viable investment in the long...
One of the most common yet challenging tasks that turnaround professionals must perform are multiparty negotiations. These negotiations are particularly difficult when counterparties perceive likely outcomes to be generally negative or not beneficial to their own interest. When that is the case,...
In late March 2020, as the potential extent of devastation brought on by the COVID-19 pandemic was becoming clear, a headline in The New York Times declared: “Scary Times for U.S. Companies Spell Boom for Restructuring Advisers.” There were more than 8,000 permanent brick-and-mortar store closures...
As most restructuring professionals would attest, 2021 was a historically slow year for corporate bankruptcy filings. Across the industry, filings in all chapters were down almost 25% from 2020 levels, and November 2021 recorded the fewest cases with a $10 million liability threshold since 2015...
