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Clear reading on business restructuring, creditor rights and the decisions that shape a bankruptcy case.
A path forward for a business in distress.
The framework, the tradeoffs, and the questions to bring to an adviser before a reorganization.
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Creditor Resources
Your customer filed for bankruptcy. Where do you start?
Bankruptcy Basics
How to read a bankruptcy court opinion
Business Bankruptcy
16 articlesBusiness Bankruptcy
Chapter 11 and Subchapter V: a path forward for a small business
The framework, the tradeoffs, and the questions to bring to an adviser before a reorganization.
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Cash collateral: why a bank balance is not a spending budget
How lien rights, consent, court orders, and a cash forecast fit together after a filing.
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DIP financing: read the conditions as carefully as the interest rate
A guide to borrowing authority, liens, priority, and the operating constraints in a financing proposal.
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Assume or reject? Understanding the contract decision in bankruptcy
The difference between keeping a contract, assigning it, and treating it as breached.
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A commercial lease in Chapter 11: three calendars to track
Rent obligations, the assumption decision, and cure disputes can follow different timelines.
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Operating after a Chapter 11 filing: what management needs to change
Continued operations come with court oversight and a different approach to spending and records.
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Utility service in Chapter 11: plan for adequate assurance
Why protection against a bankruptcy-based shutoff still requires attention to deposits and deadlines.
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The unsecured creditors’ committee: representation beyond one invoice
What a committee does, who appoints it, and why individual creditors still need their own case records.
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Reading a disclosure statement: follow the assumptions behind the recovery
A practical method for evaluating the information supplied with a Chapter 11 plan.
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Claim classification: why the plan’s groups matter
Class labels affect treatment and voting, but their legal basis must be examined.
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Chapter 11 plan voting: amounts, headcounts, and the ballot order
Why a class vote is more precise than a simple majority of all creditors.
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Plan confirmation: support is only one part of the test
How feasibility, creditor treatment, and statutory requirements fit into a confirmation hearing.
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Confirmation and the effective date: what changes, and when?
Why the court’s approval, implementation conditions, and first distribution should be tracked separately.
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When Chapter 11 changes course: conversion or dismissal
What the statutory grounds reveal about reporting, cash management, and the prospects for rehabilitation.
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Hiring estate professionals: approval and compensation are separate questions
Why a signed engagement letter does not settle employment authority, conflicts, or the eventual fee award.
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Small business debtor duties: records that keep the case moving
Financial statements, insurance, taxes, and reporting are part of the reorganization work.
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11 articlesCreditor Resources
Your customer filed for bankruptcy. Where do you start?
Organize the notice, the account, and the questions that need a prompt legal answer.
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Administrative expenses: a priority request still needs a legal basis
How to distinguish an ordinary invoice from a request for administrative-expense treatment.
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The priority ladder: why an unsecured claim may have special treatment
A way to read statutory priorities without mistaking them for a promise of recovery.
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Secured-claim valuation: one asset can have more than one relevant value
Why the purpose, date, and proposed use of collateral matter to the calculation.
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A claim objection arrived: organize the response around the actual issue
Duplicate claims, amount disputes, enforceability, and priority require different evidence.
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Preference demands: preserve the trading history before discussing repayment
Why an authentic prepetition payment can still be challenged, and which records help evaluate defenses.
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Fraudulent transfers: intent and value are different routes of inquiry
How to organize the evidence without assuming that every challenged transfer involved deliberate deception.
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Setoff in bankruptcy: two balances do not automatically cancel each other
Mutuality, timing, and the automatic stay all matter before a creditor nets accounts.
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Reclamation of goods: a written demand is only part of the analysis
Receipt dates, identifiable goods, and prior security rights can shape a seller’s position.
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Postpetition transfers: check the authority before accepting estate property
Section 549 addresses a different problem from a prepetition preference.
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Avoidance and recovery: follow the transfer through the recipients
Why a transfer’s invalidity and a particular recipient’s liability are separate questions.
Read the articleBankruptcy Basics
2 articlesBankruptcy Basics
How to read a bankruptcy court opinion
A repeatable method: identify the question, find the holding, then test its limits.
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What belongs to the bankruptcy estate?
An inventory starts with legal interests, including property that is not sitting in your home or bank account.
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1 articleCase Reviews
Purdue Pharma and the limits of nondebtor releases
What the Supreme Court decided about a Chapter 11 plan releasing claims against nondebtors.
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Each article links to primary materials so you can go beyond the summary. Laws, procedural rules and eligibility requirements can change. Check the current source and speak with qualified counsel before acting on a particular matter.