One of the most critical issues that attorneys and courts face is what to do with company assets during bankruptcy, specifically, how to dispose of them. Selling the firm’s assets with court approval, allowable by §363 of the bankruptcy code, permits the sale of the...
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Corporate Bankruptcy & Restructuring
U.S. bankruptcies expected to rise as federal assistance expires
Public and private corporate bankruptcies are now lower than in over a decade. Here’s how that happened and why it won’t last. How it started Through the end of September of this year, 279 companies with assets or liabilities of at least $10 million have filed for...
Creditor claims, business structure and Delaware law: One important distinction
Entrepreneurs who are choosing a business structure must review the benefits and risks of each before making their choice. Although tax obligations can be difficult with a corporation, the personal liability protection is hard to beat. Limited liability companies...
When is Chapter 11 a smart business strategy?
Movie theater giant Cineworld, owner of Regal Cinemas, made a reported $1.8 million in revenue in 2021 and reports strong box office numbers the first half of 2022 with the releases of Minions: The Rise of Gru and Top Gun: Maverick. Even with these numbers, leaders...
3M’s earplug bankruptcy may sound familiar
3M recently raised the ire of a federal judge when it announced its plan to shift the 230,000 injury lawsuits tied to its defective military earplugs to bankruptcy court. Judge M. Casey Rodgers of the U.S. District Court in Pensacola, Florida, pointed out that the...
What are the benefits of a Subchapter V bankruptcy?
Subchapter V is a subsection of Chapter 11 bankruptcy. Lawmakers created this option with the intent to help small businesses survive after difficult times. It differs from a traditional Chapter 11 in that it generally costs less and has fewer procedural requirements....
Update on CARES Act increase to Subchapter V debt limit
The Coronavirus Aid, Relief, and Economic Security (CARES) Act included an array of provisions to help the country get through the pandemic. One of which that helped small businesses continue operations was an extension of the debt limit under Subchapter V of Chapter...
What should I know about the Automatic Stay?
Using bankruptcy to help restructure a business can provide an opportunity to make it through financially tough times and start fresh. Business owners who are considering this option likely have a lot of questions. One common set of questions revolves around the...
Reports of decreased business bankruptcy paint an inaccurate picture
Those who take a cursory look at the data may think businesses did pretty well through 2021. Major news outlets like Bloomberg Business report large business bankruptcies, or those involving companies that have $50 million or more in liabilities, dropped almost in...
Lawmakers give struggling small business owners a new option
Troubled small business owners often do not have the financial resources to file for relief under Chapter 11 of the Bankruptcy Code and confirm a plan of reorganization. Chapter 11 is designed to assist troubled companies reorganize their debt, allowing for a fresh...