The concept and benefits of providing debtor-in-possession (DIP) financing under Bankruptcy Code Section 364 are not new. But because DIP financing negotiations are often conducted on a compressed timeline and can be both complex and laborious, this article serves as both a primer and refresher for...
As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting...
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...
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...
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,...
