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January 2016 Archives

Why fewer retailers emerge from bankruptcy

The market for mergers and acquisitions in the middle market (i.e. transactions valued between $50 million and $2 billion) are expected to continue at last year’s pace. While that may be good news for some troubled retailers, others are likely to seek Chapter 11 bankruptcy protection as a way to restructure their obligations so that they do not have to close their doors.

A brief look at ABCs and Section 363 sales

Along with complexities and challenges of termination of a business or reorganization through Chapter 11 bankruptcy come opportunities to solve vexing financial and logistical problems. Liquidating or selling assets during a wind-down or during a bankruptcy is often necessary for smooth business operations to go on. Assignments for the benefit of creditors (ABCs) as an alternative to bankruptcy and section 363 sales in Chapter 11 bankruptcy are two ways that many business owners can proceed efficiently in the face of financial difficulties.

Commercial bankruptcy: a tool for recovery

Commercial bankruptcy may be an outcome of a corporate wind-down or it may provide a promising path to restoration of financial health for a business. This post will look at examples of each, reminding readers that business bankruptcy can be a stepping stone along the way rather than a dead end.

Post-Confirmation Dismissal of Chapter 11 Bankruptcy Cases

Bankruptcy provides a safe haven for businesses going through tough times, but it is not free from risk. One risk is that a creditor or other party in interest may move for dismissal of the bankruptcy case. It is best to be informed of issues surrounding dismissal in advance and prepare to avoid or defend a dismissal motion.

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