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Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now Image

Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now

William (Bill) Lobel

Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.

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Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales Image

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales

Michael L. Cook

The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.

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Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts Image

Fifth Circuit Resolves 'Clash' Between FERC and Bankruptcy Courts

Douglas S. Mintz & Michael L. Cook

A Chapter 11 debtor's "rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission]," held the U.S. Court of Appeals for the Fifth Circuit.

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Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin? Image

Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?

Francis J. Lawall & Suzanne Soboeiro

Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.

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Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code Image

Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code

Andrew C. Kassner & Joseph N. Argentina Jr.

The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?

Features

Common Issues In Commercial Property Bankruptcies Image

Common Issues In Commercial Property Bankruptcies

Robert K. Scheinbaum & Philip W. Allogramento III

A review of landlord-tenant bankruptcy issues that should be in the forefront for landlords and tenants in determining rights, obligations and strategies when a bankruptcy involving a commercial property is filed.

Features

Sheppard Mullin's Suit Over Buyer's Deposit to Acquire Bankrupt Film Co. Image

Sheppard Mullin's Suit Over Buyer's Deposit to Acquire Bankrupt Film Co.

Jessie Yount

A suit filed by the law firm Sheppard Mullin as plaintiffs reveals Chapter 11 acquisition talks fell through between the firm's client Cecchi Gori Pictures and a potential buyer comprising a trio of film producers.

Features

The Coming Thaw for Distressed M&A: Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions Image

The Coming Thaw for Distressed M&A: Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions

Joel H. Levitin & Richard A. Stieglitz Jr.

This article focuses on the financing opportunities buying the business of a Chapter 11 debtor will create for lenders, highlights the benefits of financing bankruptcy acquisitions, and identifies some potential challenges and best practices to ensure that lenders minimize any risks and receive maximal protection for themselves.

Features

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines Image

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines

Michael L. Cook

This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.

Features

Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn Image

Corporate Resiliency Revisited: Ensure Financial Health Ahead of an Economic Downturn

Derek F. Meek & Hanna Lahr

now is a critical time for companies to reassess their business and finances if they have not already, so that they can be prepared for the future. Proper planning is key to ensuring a company's financial health when facing an economic downturn.

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