Looking Backward for  Clues in Preparing for the Next Retail Cycle
These days, turnaround professionals are divided into two camps: on the one hand, there are those arguing that the next big wave of retail restructurings is just around the corner as the full economic fallout from the global pandemic takes its toll and government stimulus starts to fade away; and,...
TMA Town Hall for January 12, 2022

Director Independence in Bankruptcy

Maintaining director independence during bankruptcy proceedings can present challenges, as many incumbent board members may resign as a company’s fortunes decline, and recruiting new board members may be difficult.  Recent publications...

TMA Town Hall for December 8, 2021

Corporate Governance in Distress

A company’s board of directors is an essential element for planning and executing a successful bankruptcy reorganization. Turnaround professionals, and especially those who serve on boards, should have a good understanding of the legal and...

From The 2021 TMA Annual

Interested in what has occurred in the market and specific industries over the last 12-18 months, especially regarding the COVID-19 pandemic? Tune in as panelists discuss this, plus how they see pandemic fallout continuing to impact businesses today and what it...

Proceed with Caution: Chapter 15 at the Intersection of the CSA and Bankruptcy Code
The growing trend of cannabis legalization in the United States and abroad has created a level of uncertainty for U.S. cannabis operations experiencing financial distress. In particular, because cannabis remains illegal at the federal level, cannabis and cannabis-adjacent businesses have largely...
A View from the North: Canada’s Experience with Legalised Cannabis
Canada is the first G7 nation to federally legalise the use of cannabis for both medical and recreational use, and can be considered the world leader in a global trend of deregulation. Starting in 2001, authorized medical patients were legally able to access cannabis through the Medical Marijuana...
Marijuana-Related  Businesses Ineligible for Remedies Under Federal Law Have Other Options
More and more U.S. states have legalized the cultivation, distribution, and use of marijuana. Some states have legalized it only for medical purposes, while others have also legalized it for recreational purposes. As two examples, New York State recently enacted the Marijuana Regulation and...
As U.S. Cannabis Industry Grows, Produces Distress, Bankruptcy Relief  Remains Limited
The U.S. Bankruptcy Code provides relief to debtors to maximize value for the benefit of their creditors and other stakeholders. Such relief is extremely limited when debtors are state-legalized marijuana businesses, as they are denied access to Bankruptcy Courts because the manufacture,...
SBRA Creates New Opportunities  to Restructure Family-Owned Businesses
Every month or so, another household name— e.g. , PG&E, Neiman Marcus, Hertz—commences a Chapter 11 case to restructure its balance sheet, reset its relationships with its creditors collectively, and leave its legacy problems in the past. The U.S. Bankruptcy Code is a carefully crafted and...
The Treatment of  MAAP  Payments in Bankruptcy
The Medicare Accelerated and Advance Payments Program (MAAP) allows the Centers for Medicare and Medicaid Services (CMS) to accelerate payments to Medicare providers and suppliers to help offset financial losses due to a disruption in claims processing or during a public health emergency such as...