Texas Two-Stepping Mass Tort Claimants
This strategy is intended to preserve and protect the legacy entity’s assets and going concern value against overwhelming mass tort claims while creating a single forum to resolve mass tort claims fairly and equitably.
Opportunities for Lenders in Financing Bankruptcy Acquisitions
Lenders should have increased opportunities to finance bankruptcy sales in the near term. Lenders should view these opportunities as being at least as advantageous as financing non-bankruptcy acquisitions, in part given that the scope of liabilities that the purchaser will assume should be more circumscribed.
Legislation Expanding Subchapter V Bankruptcy Eligibility Awaits Congressional Vote
If BTATCA is passed and the subchapter V bankruptcy debt limit is restored to $7.5 million, it will be considered by many as a transformative step for the future of small business bankruptcies across the country.
Another Look at Make-Whole Provisions in Bankruptcy: Drafting Matters
If the parties intend make-whole provisions to apply in a bankruptcy proceeding, they must be drafted clearly and concisely to apply. Defined terms matter.
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