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14 May 2020, 6:00 am
This Post is Part 7 of a 7-Part series addressing compensation adjustments that Compensation Committees could consider in order to continue to incent and retain their executive officers in today’s economy. [read post]
12 May 2020, 11:50 am
The committee represents the interests of all unsecured creditors, not just those of the committee members, with a goal of maximizing unsecured creditor recoveries. [read post]
11 May 2020, 7:10 am
First, recognizing the many disputes developing between Modell’s, their lenders, the unsecured creditors’ committee, and the landlords—including what Modell’s obligations are under its leases—the court ordered the parties to mediation as soon as possible to try to work out a practical business resolution. [read post]
10 May 2020, 10:49 pm
In April 2020, the financial services industry has been actively engaging with the Federal Government and regulators in order to address key issues and mitigate risks as a consequence of COVID-19. [read post]
28 Apr 2020, 11:44 am
Think: expensive, formal, traditional, but possibly a powerful way to deal with creditors [read post]
27 Apr 2020, 12:47 pm
” In Chapter 11 cases involving major companies, creditors actually do get together and form committees, as they will soon be required to cast votes on the debtor’s plan of re-organization. [read post]
24 Apr 2020, 7:06 pm
Republican National Committee v. [read post]
23 Apr 2020, 12:43 pm
Under the provisions of SBRA, many of the conventional creditor protections of Chapter 11 are gone, including the need for a creditors committee, the need for an approved disclosure statement, the need for an affirmative vote by at least one impaired class of creditors, and the need to satisfy the “Absolute Priority Rule” that essentially prevents shareholders or equity from retaining anything unless all creditors are paid in full. [read post]
21 Apr 2020, 2:30 pm
Most SBRA cases will not involve creditor committees. [read post]
21 Apr 2020, 9:03 am
As with rent payments and collections, the Act explicitly states that no borrower is relieved of its obligation to pay its mortgage, and no creditor or mortgagee is restricted from ultimately recovering mortgage payments. [read post]
21 Apr 2020, 6:52 am
The limit expansion, in addition to other changes, will help SMEs in the following ways: Simplifying the Chapter 11 plan process Disbanding committees of unsecured creditors to cut costs Giving SMEs permission to retain equity under some circumstances Shortening deadlines in some cases These changes and their benefits work towards the best interests of SMEs to protect them against creditors now that the pandemic has disrupted business. [read post]
20 Apr 2020, 10:36 am
*Updated to reflect the Development Committee communique. [read post]
19 Apr 2020, 10:00 pm
It will be up to the attorneys representing the creditors and debtors to adequately instruct their witnesses on how to testify using Zoom. [read post]
15 Apr 2020, 10:08 am
He represents secured lenders in Chapter 11 bankruptcies, as well as commercial landlords, financing companies, and unsecured creditors’ committees. [read post]
13 Apr 2020, 9:24 am
Deutsche Bank— Whether congressional committees have the authority to issue subpoenas to the president’s accountant and creditors for financial records belonging to the president and his business entities. [read post]
10 Apr 2020, 4:34 pm
The Delaware Supreme Court has also reaffirmed that directors of an insolvent corporation do not owe fiduciary duties to the creditors. [read post]
10 Apr 2020, 1:59 pm
A joint conference committee has been appointed to reconcile the Bills for a final Bill and transmittal to the Governor. [read post]
6 Apr 2020, 1:40 pm
In Delaware, for example, creditors have standing to bring such a claim when a corporation’s balance sheet reflects insolvency. [read post]
27 Mar 2020, 2:49 pm
Committees: Unsecured creditor committees will not be formed in small business cases unless they are specifically ordered by a judge for cause. [read post]
26 Mar 2020, 8:26 am
Many debtors in pending chapter 11 cases will believe that they will benefit from the conversion of a case to subchapter V, because a conversion could eliminate the appointment of a creditors committee and the requirement of filing a disclosure statement with a plan of reorganization. [read post]
