Tariffs to the left of me, uncertainty to the right. To paraphrase the 1970’s rock song, an owner of a distressed business must feel stuck in the middle in a world of shifting governmental policies and an ever-changing...more
8/14/2025
/ Assignment of Benefits (AOB) ,
Bankruptcy Code ,
Chapter 11 ,
Corporate Restructuring ,
Creditors ,
Debt Restructuring ,
Debtors ,
Distressed Assets ,
Distressed Debt ,
Foreclosure ,
Insolvency ,
Lenders ,
Receivership ,
Restructuring ,
Uniform Commercial Code (UCC) ,
Workout Agreements
In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar.
Typically, who gets paid and who...more
1/21/2022
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Creditors ,
Denial of Certiorari ,
Due Process ,
General Motors ,
Insolvency ,
PBGC ,
Retirement Plan ,
SCOTUS ,
Unsecured Debt ,
Vested Benefits
Bankruptcy is a forum for the insolvent. However, financially healthy businesses and individuals are dragged into bankruptcy court against their will every day. The primary culprit is the adversary complaint filed by a...more