In the past, a chapter 11 debtor's counsel might have opted to take advantage of a sale of assets under §363 of the Bankruptcy Code to avoid the delays and uncertainties of the plan confirmation process. On June 16, 2008, the U.S. Supreme Court in Florida Dept. of Revenue v.
An emerging strategy many hedge and private equity funds are pursuing is known as the "loan to own" investment. In this type of investment, a fund's investors acquire debt, and sometimes certain amounts of equity or management control, such as voting power or board seats, from a lender of a distressed company.
Customers who don't pay are an unfortunate but inevitable reality of doing business. Some will tumble into bankruptcy; others will continue to operate and perpetuate the suppliers' risk of nonpayment. Usually in this environment, communication from the customer is substantially reduced, if not stopped. What can a supplier do to better evaluate this risk and act to minimize its potential loss
On June 16, 2008, the Supreme Court resolved the split in authority among appellate courts concerning whether §1146(a) exempts a transfer from the stamp tax when t
This article examines four 2008 patient care ombudsman cases. In re Bridgeport Holdings Inc., __ B.R. ___, 2008 WL 2235330 (Bankr. D. Del. May 30, 2008), is not a health care case, but it provides important warnings to the directors and officers of health care businesses considering sales of the business or its assets.
Waller Lansden Dortch & Davis, LLP (Waller Lansden), home to one of the United States' largest and most comprehensive healthcare law practices, conducted a survey of hospitals entitled "Hospital Investments in Competitiveness: Financing Options." Waller Lansden published the survey in the December issue of HealthLeaders.
"Hospital Insolvency: The Looming Crisis," a recent study by the Healthcare Industry Group of global professionals services firm Alvarez & Marsal, shows that more than half of U.S. hospitals are now technically insolvent or in danger of becoming insolvent. On that point, Matthew Marcos, Senior Director of the Alvarez & Marsal Healthcare Industry Group, states:
Intangible assets have been among the last class of assets to garner respect in bankruptcy proceedings.
Part I of this four-part series discussed, in general terms, the prohibition of collusion in bankruptcy sales under section 363(n) of the Bankruptcy Code. Part II discussed the fine line separating permissible collaboration from impermissible collusion.
