Sit Down, Shut Up and Mind Your Own Business: Controlling Subordinate Lenders in Bankruptcy

As the senior lender, your rights to recoup your funds should be top priority during bankruptcy proceedings. But those pesky subordinate lenders often get in the way. Rocco I. Debitetto explains the best way to craft an intercreditor agreement that forces subordinate lenders to “sit down, shut up and mind their own business” until you get paid.

January/February 2017

January/February 2017
Bankruptcy
Vol. 15, No. 1

March 2016

March 2016
Bankruptcy
Vol. 14, No. 2

Beware! Negative Interest Rates May Be Coming

ABF Journal illustrator Jerry Gonzalez predicts that the mattress may be a better place to stash your cash than the bank.

From Brick-and-Mortar to E-Commerce: Commercial Finance’s Evolving Role in Retail

Retail sales are moving from brick-and-mortar to the Internet. Opportunities still abound for commercial finance consultants, but Donald Barrick points out there are obstacles to be avoided in this new environment.

Fintech Meets Tradition: JPMorgan & OnDeck Team Up to Create a New Lending Product

Fintech lender OnDeck has provided $3 billion in small business loans in eight years. Now the company is developing a new online product for banking giant JPMorgan Chase. Business lending is moving into the 21st century, and other banks are also dipping a toe in the fintech water.

The Rollercoaster Effect: Will Bankruptcies Tick Up in 2016 After the 2015 Decline?

Since the reform of the Bankruptcy Code in 2005, the number of cases filed has fallen. Samuel Gerdano and Ed Flynn of the American Bankruptcy Institute look at the total picture and predict the general number of filings will continue to fall, except for Chapter 11.

RadioShack Dissected: The Decline, Fall and Possible Rebirth

For 95 years, do-it-yourselfers looked to RadioShack for parts, products and advice. Like many brick-and-mortar retailers, RadioShack has suffered from changes in customer behavior and retreated to Chapter 11 to restructure. Attorney Stephen Selbst provides an in-depth look at the missteps that sent
RadioShack into bankruptcy.

The Ten Commandments of Chapter 11: Thou Shalt Invite Failure by Ignoring These Rules

Using the pages of the ABF Journal in place of two tablets of stone, Attorney Rocco Debitetto hands down the Ten Commandments of Chapter 11.

Distressed Unitranche Debt After RadioShack: While Instructive, No Cause For Comfort

Nutter McClennen & Fish Attorneys Philip Rosenblatt and John Loughnane examine developments in the RadioShack bankruptcy case concerning agreements among lenders that form the basis of unitranche transactions. While the RadioShack case is interesting and instructive, they argue that it should not provide any false sense of comfort to lenders.