Article 9 Restructuring: What Happens to the Debt and the Owner?
Article 9 restructuring is an out-of-court business restructuring process under commercial law used when an existing legal entity can no...
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Article 9 Restructuring Belongs in the Chapter 11 Alternatives Analysis
Businesses rarely arrive at a serious bankruptcy discussion because one creditor has become difficult or because a single payment cannot...
A Business Restructuring Is Not Complete Until There Is a Path Back to Financeability
A business can get through the immediate crisis and still remain financially weak. Payments may have been reduced, creditors may...
Choosing the Right Out-of-Court Restructuring Process: Why the Facts Should Determine the Tool
Distressed companies often arrive at a restructuring discussion already attached to a particular answer. Management may be thinking about bankruptcy....
Article 9 Restructuring Is About the Condition of the Distress, Not the Size of the Business
Article 9 restructuring is often described as though it belongs to a particular class of company: larger borrowers, more complicated...
What Does a Full Business Restructuring Actually Protect?
By the time a business enters a restructuring, the debt itself is often only part of the problem. Liquidity has...
The Hidden Risk in Business Debt Negotiation: Who Is Protecting the Business?
A distressed company rarely enters a creditor negotiation because everything else is stable. The request for reduced payments, extended amortization,...
Sorry, It Was Nothing Personal
A performance guaranty is not an unconditional personal guaranty of repayment. Yet owners routinely confuse the two, particularly after a...
Lower Payments Are Not the Same as a Business Restructuring
A distressed company can obtain a meaningful reduction in monthly debt service and still have most of its financial problems...
What Are the Options When a Business Cannot Pay Its Debts?
A surprising amount of confusion enters the conversation the moment a business stops paying its obligations. Owners often assume the...
