With a substantially increasing number of chapter 11 cases filed ending up in a sale pursuant to Bankruptcy Code §363, bankruptcy practitioners are now essentially required to develop an understanding of the parameters of credit bidding under §363.
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When the Federal Deposit Insurance Corporation (FDIC) determines that a bank is insolvent, the FDIC will sometimes take it over to ensure that the bank’s deposits
Jurisdictional battles are not inevitable when assets and liabilities span borders. Notwithstanding some criticism of the rigid application of standards, chapter 15 of the U.S.
“Who doesn’t love a good sale” are the introductory words used in A Comparison Shopping Guide for 363 Sales, written by Kelly K. Frazier and published this summer by ABI. But, how does a lawyer conduct a business asset sale pursuant to 11 U.S.C. §363? Or better yet, how does a lawyer advise the debtor-in-possession, potential purchaser or secured lender?
This country has recently been inundated with tales of investment fraud. On July 13, 2009, Marc Dreier was sentenced to 20 years for a conviction arising from securities fraud. On June 30, 2009, Bernard Madoff was sentenced to 150 years in prison for his involvement in a Ponzi scheme that cost investors billions.
As a result of the general prohibition under §1125(b) of the Bankruptcy Code on solicitation of votes to accept or reject a plan prior to court approval of a discl
Deadlines may lead to unwelcome results, but they prompt parties to act and they produce finality. Taylor v. Freeland & Kronz, 503 U.S. 638 (1992)
There are thousands of Chrysler and GM automobile dealerships around the country that are currently in the process of restructuring or winding down their businesses. Additionally, we have been involved in and noticed a significant number of other foreign manufacturer automobile dealer restructurings.
Professionals recognize that receiverships can provide a cost-effective and efficient way to liquidate failed businesses, and that receiverships can provide some bankruptcy benefits without the high cost or lengthy proceedings associated with bankruptcy cases. Receivership professional fees tend to be less than those incurred in a restructuring or liquidation under the Bankruptcy Code.
