Bankruptcy Blog
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Bankruptcy Round-Up: In The News
Members of the Bankruptcy, Reorganization and Capital Recovery Group at Greenberg Glusker have been turned to for their thought leadership by several news outlets this year. Here is a round-up of our activity thus far: Brian Davidoff was quoted in Law360 in the article " Bankruptcy Cases And Trends...
Bankruptcy & Restructuring Roundtable Highlights
Bankruptcy – and the restructuring process – are challenging and complex endeavors, requiring a variety of tactics and resolution mechanisms. For the parties involved, financial expectations can be at odds with the reality of the situation, and knowing when to compromise and how best to proceed for your organization’s...
The Dead (and Their Bankruptcy Estate) Cannot Hold Property Under Recent Ninth Circuit Bankruptcy Appellate Panel Decision
I recently had the pleasure of working with my colleagues Benny Roshan and Jillian Berk on an appeal before the Ninth Circuit Bankruptcy Appellate Panel (B.A.P), which tested the ever-evolving intersection between bankruptcy law and probate and trust law. In re Rens, __ B.R. __ , No. AP 19-90067-LA...
Bankruptcy & Restructuring - A Roundtable Discussion
Due in large part to the challenges brought on by the pandemic, Chapter 11 bankruptcy filings last year hit the highest level since 2010—a trend expected to continue throughout this year. Bankruptcy and restructuring is complex, full of twists and turns. Yet for all the expense, blame, negotiation, compromise...
Private Retirement Plans as an Asset Protection Tool
After years of hard work and planning, or perhaps through the timely entrance into a fledgling market, your business is thriving. With day-to-day operations running smoothly, you begin to consider how to best plan ahead to protect your newly-accumulated capital in a landscape of ever-changing consumer taste and hefty...
9 Things for Businesses to Consider During a COVID-19 Cash Crunch
The abrupt mandatory closures of bars, coffee shops, restaurants, fitness centers and essentially any commercial location where people socially congregate has invoked surprise and unease in consumers throughout the country. For business owners, however, such news rises beyond mere concern or nuisance, as it may immediately create a cash...
A Sweet Victory: New Value Defense Bolstered by Court’s Protection of Ice Cream Vendor
You have fresh goods delivered to your largest customer daily, as has been the case for as long as you can remember. You noticed over the last few months that payments have become less frequent—weekly instead of twice weekly—and occasionally have been paid over a week late. On top...
Beware of the ABL Trap: The Challenges of Retail Chapter 11 Debtors and Asset Based Lending
An asset-based loan (“ABL”) is often the financing of choice for retail borrowers – and for good reason. In its simplest form, an ABL is a credit facility, usually in the form of a revolving line of credit, the availability of which is based exclusively on the value of...
A Hypothetical Question Deserves a Hypothetical Answer: The Ninth Circuit’s Approach to Preference Transfers in In re Tenderloin Health
As a creditor, the news of a debtor who owes you a substantial sum of money filing bankruptcy is often the most alarming news you can learn—that is, until you seek advice of counsel and learn that payments the debtor made to you within 90-days prior to the bankruptcy...
December 1, 2016 Revisions to the FRBPs: Taking the Bite Out of the Core-Noncore Distinction
On December 1, 2016, something extraordinary happened. No, it was not president-elect Trump visiting another Carrier air conditioning factory in Indianapolis. It was an event that made no headlines and caused no stir. The Federal Rules of Bankruptcy Procedure were silently amended to remove all references to “core” and...