As in George Orwell’s Animal Farm , where “all animals are equal, but some animals are more equal than others,” 1 so it seems for creditors with regard to the priority scheme established under the U.S. Bankruptcy Code to bring fairness and certainty to distributions in bankruptcy. In connection...

Section 546(e) of the U.S. Bankruptcy Code limits the avoiding powers of trustees and debtors in possession. 1 Often called the “safe harbor provision,” the purpose of the limitations, as expressed in the legislative history accompanying the 1982 amendment that added this provision to the...

As this article is written, the price of West Texas Intermediate (WTI) crude oil (around $59.48/barrel as of June 30) remains 44 percent below a year ago, notwithstanding a recovery from the multiyear lows seen early this year. 1 While some observers speculate that this precipitous decline is the...

As many in the turnaround and distressed space know, the total number of bankruptcy filings continues to languish. In Q1 2015, business bankruptcy filings were down more than 3 percent from Q4 2014 and 19 percent from Q1 2014. 1 In fact, Q1 2015’s filing count continues to mirror the lowest...

The financial distress being experienced by many, if not most, colleges and universities—large and small, public and private, for-profit and not-for-profit—was thrust into the public eye by the May 2015 Chapter 11 filing of Corinthian Colleges, which had 107 campuses, employed over 10,000 people,...

The food processing industry is consistently an active category for M&A activity, and changes in consumer preferences have been driving the activity level even higher in recent years. The Food Institute reported in July 2015 that it had recorded 206 transactions, year to date. Even a slight...