Agricultural bankruptcies present special and specific issues. The nature of the collateral and the seasonality of the business present a host of questions that need to get answered in order to preserve any value in the...more
The term “small business debtor” originated in 1994 with Congress’s first attempt at a streamlined chapter 11 process for businesses that had insufficient assets to fund a typical bankruptcy reorganization....more
In a recent opinion, the Second Circuit Court of Appeals held that a seller licensed under the Perishable Agricultural Commodities Act (“PACA”) could not entirely setoff payables owed to a bankrupt PACA merchant against...more
A sale of a business under Section 363 of the U.S. Bankruptcy Code or through Chapter 11 can provide the best possible title to the purchaser and may be an appropriate avenue for selected assets or complex and valuable going...more
8/23/2018
/ Bankruptcy Code ,
Bankruptcy Court ,
Buyers ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Free and Clear Transactions ,
Health Care Providers ,
Hospitals ,
Purchasers ,
Sale of Assets ,
Section 363 ,
Section 365 ,
Selling a Business ,
Successor Liability