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Benchnotes July 2018

Journal Issue July 2018

Bankruptcy Code 11 U.S.C. § 105, 11 U.S.C. §§ 101-1532

Topic Tags Automatic Stay, Claims, Bankruptcy Litigation, Creditors' Committee, Ethics, Consumer Bankruptcy, Consumer Debt, Discharge/Dischargeability

10 Common Causes of Distress

Journal Issue July 2018

Topic Tags Bankruptcy Litigation, Creditors' Committee, Financial Advisors, Fraud, Fraudulent Transfers, Valuation

Order’s Up! Navigating Complex Restaurant Restructurings

Journal Issue July 2018

Bankruptcy Code 11 U.S.C. § 365, 502

Topic Tags Administrative Expense Claims, Asset Sales, Claims, Creditors' Committee, Executory Contracts/Leases, Agriculture/PACA, Hospitality, Entertainment Venues and Gaming, Labor/Employment, Real Estate, Retail

The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?

Journal Issue May 2018

Bankruptcy Code 2004

Topic Tags Automatic Stay, Claims, Bankruptcy Litigation, Creditors' Committee, Financial Advisors, Plan Confirmation, Valuation, Business Reorganization, Finance and Banking, Investment Banking

Oil and Gas Decommissioning: At Whose Expense?

Journal Issue April 2018

Bankruptcy Code 11 U.S.C. § 365, 503, 507, 554, 1129

Topic Tags Administrative Expense Claims, Asset Sales, Claims, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Financial Advisors, Plan Confirmation, Practice and Procedure, Business Reorganization, Finance and Banking, Govt. Claims/Sovereign Immunity, Investment Banking, Public Companies and Claims Trading, Small Business, Turnaround Issues, Unsecured Trade Creditors

Creditors’ Committee Cannot Obtain Derivative Standing to Sue Fiduciaries of an LLC

Journal Issue April 2018

Topic Tags Bankruptcy Litigation, Corporate Governance, Creditors' Committee, Business Reorganization

Financial Waterfall Model Development

Journal Issue April 2018

Topic Tags Claims, Creditors' Committee, Financial Advisors, Business Reorganization, Investment Banking, Turnaround Issues

Setoff: Preference Defense 2.0

Journal Issue Feb 2018

Bankruptcy Code 101, 547

Topic Tags Administrative Expense Claims, Claims, Bankruptcy Litigation, Creditors' Committee, Preferences, Business Reorganization, Unsecured Trade Creditors

Benchnotes February 2018

Journal Issue Feb 2018

Bankruptcy Code 106, 11 U.S.C. § 363(m), 11 U.S.C. § 365, 11 U.S.C. § 544, 11 U.S.C. § 548, 328, 364, 503, 707, 1109

Topic Tags Administrative Expense Claims, Asset Sales, Automatic Stay, Claims, Bankruptcy Litigation, Creditors' Committee, Executory Contracts/Leases, Fraud, Fraudulent Transfers, Plan Confirmation, Practice and Procedure, Professional Compensation/Fees, Consumer Bankruptcy, Discharge/Dischargeability, Business Reorganization, First-day Motions, Real Estate, Unsecured Trade Creditors

The Importance of Being Truly Independent

Journal Issue Jan 2018

Bankruptcy Code 11 U.S.C. §§ 101-1532, 321, 327

Topic Tags Asset Sales, Claims, Bankruptcy Litigation, Corporate Governance, Creditors' Committee, Ethics, Plan Confirmation, Business Reorganization