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Don’t Get Lost in the Weeds in Agriculture Bankruptcies

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

Small Business Debtor Reorganization: An Overview of Chapter 11’s New Subchapter V

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

Second Circuit Rejects Setoff Between PACA Merchants in Bankruptcy Cases

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

K&L Gates Triage: Sales of Healthcare Businesses in Chapter 11– The Basics

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

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