Articles

Communicating Successfully in a Chapter 11

The Internet Age has changed how we learn, how we gather information, and how we communicate. Gone are the days of timing a press release to hit on a Friday afternoon in hopes of the news being “dumped” in the afternoon trash and not getting picked up. Today’s news cycle is 24/7, 365 days a year. Today’s news doesn’t take a holiday. Small companies that didn’t get much media attention could bank on flying under the radar in most situations, but not anymore. All it takes is one local reporter, one irritated customer, or one interesting headline to become a national news story. read more


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Negotiations in a Distressed Environment

A Weak Financial Position May Mean Strength When Negotiating read more


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Caesars Entertainment Operating Co. Files for Bankruptcy in Chicago

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Financial Advisors: Communicate Like a GPS

Best Practices for helping clients navigate an insolvency situation. read more


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The Not So Affordable Care Act – A Lesson in Unintended Consequences

David Interdonato, Director, MorrisAnderson When the Patient Protection and Affordable Care Act was signed into law in March 2010, experts from various specialties could only guess as to the true impact the legislation would have. Some four years and a Supreme Court case later, many effects are yet to shake out. A number of the key provisions of the act have either just taken effect, or have yet to be been implemented. However, based upon initial indications, there will be far reaching changes to how healthcare is provided in the United States. read more


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Drafting “Executory” Contracts After Recent Third and Eighth Circuit Rulings

Paul Hoffmann, Stinson Leonard Street LLP The United States Court of Appeals for the Eighth Circuit, en banc, recently issued a decision that could materially affect future cases attempting to determine whether or not a contract is "executory" within the meaning of Section 365 of the Bankruptcy Code. read more


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Employee Retention in Uncertain Times

One of the most distinguishing characteristics of a successful business is the quality of its workforce. I’ve heard it said that the success or failure of a business is heavily determined at the time of hiring and without a committed, well-managed workforce, no business can reasonably hope to achieve its full potential. During times of distress, prior personnel decisions are one of the most influential factors in the company’s ability to perform critical functions and ultimately recover. As turnaround professionals, we have developed a keen eye for gaps in workforce skill sets. read more


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A Distressed Business and The Five Stages of Grief

How a distressed business owner moves through the Five Stages of Grief and how Insolvency Professionals can help. read more


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Venue:  Energy Futures Take on the Controversial Topic

First and foremost, I tried to write this article as a bankruptcy practitioner, and not in my capacity as a Delaware lawyer. We all have our biases, and of course mine will be driven by the fact that I am in fact a Delaware bankruptcy lawyer. But those biases are not the basis for my views on venue, which were recently articulated In In re Energy Future Holdings Corp., et al., 14-10979 (CSS), where Delaware Bankruptcy Judge Sontchi denied a motion to transfer venue from Delaware to the Northern District of Texas. That decision appropriately, in my opinion, expresses why venue is typically proper in the jurisdiction espoused by the chapter 11 debtor and its main creditor constituencies. read more


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Fed Policy and Government Regulation’s Impact on the Restructuring Industry

For the restructuring industry, the events of the past seven years have been as interesting as they have been frustrating. Unprecedented levels of distress and systemic crisis presaged historic levels of restructuring activity. But unprecedented levels of government involvement have delayed – or perhaps extinguished – that promise. What happened? read more


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Lenders Loosen Up

Covenant-lite loans come back, as lenders compete for high-quality deals. read more


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Refco Fund to Liquidate

Investment fund Refco Public Commodity Pool LP has filed for Chapter 11 to liquidate its assets and pay off investors of the fund that have been waiting eight years for a distribution. read more


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