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...
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,...
Pressures Continue to Grow in the Ag, Logistics Industries
It is rare that you find a restructuring professional without an opinion (or two) on an insolvency topic, but when we started to plan this month’s issue of the JCR , the reactions were more restrained. Given the continuing struggle between federal and state law, many U.S. practitioners didn’t know...
Restructuring German Family Businesses
Family businesses are of immense importance for the German economy. According to the Institute for small and medium size business research (IfM), approximately 3.7 million companies belong to the so-called German Mittelstand, which is the backbone of the German economy. Around 95% of those medium-...
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...
©2021 Cole Burston Photography, www.coleburston.com
Q: How did you gravitate into turnaround/restructuring work? Rogers: When we graduate from law school in Canada, we do a form of legal apprenticeship known as articling. When you article at a large firm like Blakes, you do rotations in different practice areas. My former colleague and good friend...
How Nonprofit Fiduciary Duties Impact  Healthcare Restructuring
“Where was the board during this?” is not a question any nonprofit board member wants to hear, but it is one that is often asked. Thus, what are board members’ responsibilities during a distressed nonprofit healthcare organization’s search for a financial solution? This article focuses on nonprofit...
Treatment of Healthcare Company Provider Agreements Is Key in Chapter 11 Bankruptcy Sales
Many healthcare companies, both for-profit and nonprofit, are facing increasing financial distress, causing many of them to seek relief under Chapter 11 of the U.S. Bankruptcy Code to restructure their financial obligations, sell substantially all of their assets, or implement an orderly plan of...
Challenged Senior Housing Sector Struggles to Endure a Pandemic
Senior housing is vast sector of the healthcare industry consisting of numerous providers, both taxable and tax-exempt, ranging from independent living housing to skilled nursing homes to comprehensive life plan communities and just about everything in between. Operators and capital sources have...