Bankruptcy Archives - Page 7 of 12

Merchant Cash Advance Solution… How Tully’s Coffee Found Liquidity without a Traditional DIP Loan

When Tully’s Coffee found itself in a serious liquidity crisis and facing Chapter 11 bankruptcy, Deloitte CRG stepped in to secure a merchant cash advance. The authors provide insights into why this financing solution can be a perfect fit for any restaurant or retailer that lacks hard assets but has high credit card volume.

Bankruptcy: The Ultimate Buzz-Kill? Sobering Considerations for Financing the Marijuana Industry

Rocco I. Debitetto, partner at Hahn Loeser & Parks, lays out some of the legal pitfalls associated with financing the marijuana industry and how this new area of lending’s collision with bankruptcy raises more questions than answers.

April 15, 2014 Marijuana | marijuana industry financing ABF Journal

U.S. Supreme Court: Stage Set for Potential Shift in Bankruptcy Court Jurisdiction

Earlier this year, the Supreme Court heard arguments in Executive Benefits Insurance Agency v. Arkison, a case that may very well change the powers of bankruptcy court judges and settle important questions regarding bankruptcy litigation. Attorney Jeff Wurst walks us through the history and provides insights on the issues, knowing a decision can come down any day.

April 15, 2014 Bankruptcy Court Jurisdiction ABF Journal

‘A Giant’ in the Field — TMA Award Winner Traces Change, General Motors Restructuring

In an interview with ABF Journal, TMA Hall of Fame winner AlixPartners’ Albert A. “Al” Koch talks about how the corporate renewal scene has changed since he joined the firm nearly two decades ago and recalls his most memorable restructuring of all — General Motors.

April 15, 2014 Albert A. "Al" Koch | AlixPartners ABF Journal

Client Bankruptcy… Pitfalls to Avoid as a Factor

The author discusses pitfalls to avoid when a factor has to deal with a client bankruptcy filing and why the diligent is usually the most successful.

April 15, 2014 factor bankruptcy ABF Journal

Split Collateral Intercreditor Agreements: Part 2 … The Current State of Play

In Part 2 of this two-part series, Robert B. Stein probes deeper into the topic of split collateral intercreditor agreements, honing in on DIP financing and adequate protection, limitations on modifications to loan documents and the purchase option.

April 14, 2014 Split Collateral Intercreditor Agreements ABF Journal

Lienholder Status in Bankruptcy Cases — Unaffected Notwithstanding Untimely Proof of Claim

Attorney Lesley Anne Hawes examines a recent Eighth Circuit Court of Appeals opinion reaffirming the established principle that secured creditors’ liens pass through bankruptcy unaffected. She notes that the decision is helpful to secured creditors because it confirms at the federal circuit level this important attribute of lienholder status in bankruptcy cases.

March 13, 2014 Lienholder Status | Proof of Claim ABF Journal

Restructuring Municipalities… What Creditors Need to Know About Chapter 9 Bankruptcies

With several recent Chapter 9 bankruptcy filings by municipalities in the spotlight, creditors at every level of the capital structure need to be aware of rules and statutes that affect their rights in the insolvency of a municipality. This article addresses the requirements for, and limitations on, municipal bankruptcy filings in New York, New Jersey and Connecticut, the effect of bankruptcies on creditors and results from notable filings.

March 13, 2014 Chapter 9 Bankruptcy | Restructuring Municipalities ABF Journal

What’s in a Name? Just Ask Hostess Brands — The Value of Branding in Bankruptcy

Using the recently completed auction sale of Hostess Brands’ as a model, FTI Consulting’s global co-leader, Kevin Lavin, reveals the economic value embedded in established brand names, trademarks and other intangibles — value that buyers often are willing to pay top dollar for when they become available.

January 29, 2014 brands in bankruptcy | Hostess Brands ABF Journal

Orchard Supply Case Study… A Lesson in the Creative Use of DIP Financing

The intricacies involved in the Orchard Supply bankruptcy provide guidance to debtors and creditors about the need to balance the competing interest of lenders, purchasers and stakeholders when it comes to debtor-in-possession financing.

October 28, 2013 DIP financing | Orchard Supply ABF Journal

Category: Bankruptcy