Distressed de-SPACed companies are increasingly turning to chapter 11 as a means of restructuring their debts and preserving going-concern value.
Many de-SPAC mergers in 2020 and 2021 involved pre-revenue or...more
7/25/2023
/ Bankruptcy Code ,
Business Plans ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Corporate Restructuring ,
Interest Rates ,
Investors ,
Liquidity ,
Private Equity ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs)
In a recent Delaware ruling, Judge Mary F. Walrath declines to follow the Fifth Circuit and holds that “a minority shareholder has [no] more right to block a bankruptcy… than a creditor does.”
Real estate and other lenders...more
Lenders should plan for real estate owner bankruptcies despite having a non-recourse carveout guaranty triggered by the owner’s bankruptcy filing.
Real estate bankruptcies may occur despite personal guaranties because...more
Multifamily condominium regimes with mounting liabilities and unpaid dues during COVID-19 may find answers in bankruptcy to the obstacles posed by individually titled units.
We created and implemented a strategy that allowed...more
Lease terminations may result in fraudulent transfer claims.
Lease terminations should document that the tenant is receiving reasonably equivalent value in exchange for rent forgiveness, relinquishing the premises and...more