Press ESC key to close search

ABFJournal

ABFJournal

Category: Bankruptcy

  1. Home
    2. Published Articles
  2. Bankruptcy

A Brand-New Ball Game? What Stern v. Marshall Means for Lenders

What’s all this about Stern v. Marshall? Commentators and courts have scrambled to take the Supreme Court at its word, and attempt to limit the impact of the Stern decision. Whether these decisions will stand up under future Supreme Court review, if and when it occurs, is not so clear. Early decisions seem favorable, but it is likely that litigants emboldened by Stern—including those adverse to secured creditors—may probe the limits of bankruptcy court authority.

November 1, 2011 ABF Journal

Leveling the Playing Field: Seventh Circuit Rejects Philadelphia Newspapers; Upholds Secured Lender Credit Bid Rights in Cram Down Plans

During the last bankruptcy boomlet of 2008-09, many borrowers found themselves faced with lending groups led by aggressive, non-traditional lenders that used the an event of default as an opportunity to force an acquisition of their business. As such, borrowers used the protections of the Bankruptcy Code to try to stave off what they viewed as opportunistic takeover attempts by their lenders. At the center of many of these cases lies the lenders’ right to credit bid. Here we look at two such cases.

October 1, 2011 ABF Journal

Ethanol Industry … Running on Empty?

At one time, investors in the ethanol business thought they could go in small with one plant and make a fortune, but it isn’t turning out that way. Conglomerates continue to purchase the investor’s expensive assets for a small percentage of the cost. New investors need to understand the challenge of scale when competing in a business where the profits are measured in pennies.

August 1, 2011 | ABF Journal

Beyond Bankruptcy … You’re Emerged … Now what?

The process of successfully guiding a company out of bankruptcy is not an easy task. It takes a strong team of players, a clever plan of action and a dogged commitment of stakeholders to make it happen. Once a company emerges, it does not mean it is out of the woods. Therefore, stakeholders should leverage the skills developed, plans constructed and relationships formed through the next phase of the cycle.

March 1, 2011 Rita Garwood

Frankly Speaking … Bankruptcy Attorneys Can Help Persuade Clients to make Tough Decisions

Distressed companies and their general counsel often don’t realize what kind of help they really need. The more corporate leaders and their counsel understand the benefits of enlisting bankruptcy attorneys early in the process, the better chance that they will take essential and timely actions to get the company back on track. In the end, forcing a frank conversation about a company’s trouble, coupled with bringing in bankruptcy counsel, is the right thing to do.

March 1, 2011 Rita Garwood

Saving the Brand: How Retailers Can Avoid Liquidation

The next few months may be challenging ones for American retailers. The Consumer Confidence Index, measured by the Conference Board, plummeted for the third time in four months in September, dropping to 48.5 — the lowest rate since February 2010. The uncertain economy does not bode well for the upcoming 12 months either. BDO Capital Advisors’ Jeffrey Manning and Cooley LLP’s Jay Indyke team up to offer some steps retailers can take to avoid liquidation.

November 1, 2010 Rita Garwood