https://www.fredlaw.com/the-restructuring-report Tue, 13 Oct 2026 17:43:41 -0400 https://www.fredlaw.com/event-environmental-issues-in-business-and-real-property-transactions event-environmental-issues-in-business-and-real-property-transactions Thu, 29 Oct 2026 09:00:01 -0400 https://www.fredlaw.com/event-fredriksons-2026-employment-labor-law-seminar event-fredriksons-2026-employment-labor-law-seminar Thu, 22 Oct 2026 09:00:02 -0400 https://www.fredlaw.com/news-fredrikson-announces-2026-leadership-elections-results news-fredrikson-announces-2026-leadership-elections-results Tue, 13 Oct 2026 09:00:03 -0400 https://www.fredlaw.com/alert-court-of-appeals-affirms-pucs-decision-on-methodology-to-demonstrate-compliance-with-carbon-free-energy-standard alert-court-of-appeals-affirms-pucs-decision-on-methodology-to-demonstrate-compliance-with-carbon-free-energy-standard Mon, 12 Oct 2026 09:00:04 -0400 https://www.fredlaw.com/the-restructuring-report/the-beat-goes-on-more-on-the-georgia-pacific-and-johnson-johnson-sagas James L. Baillie the-restructuring-report/the-beat-goes-on-more-on-the-georgia-pacific-and-johnson-johnson-sagas Mon, 05 Oct 2026 09:00:05 -0400 The Georgia-Pacific and Johnson & Johnson asbestos cases have tested the boundaries of bankruptcy law, constitutional interpretation and mass tort litigation strategy. This article provides a comprehensive update on both cases, covering the Supreme Court's denial of certiorari in Bestwall to J&J's $5.5 billion MDL settlement. For restructuring, litigation and corporate counsel, this is an indispensable guide to the evolving legal landscape.

]]> https://www.fredlaw.com/the-restructuring-report/the-ubik-problem-preserving-ai-value-before-it-regresses Schuyler L.M. Pals the-restructuring-report/the-ubik-problem-preserving-ai-value-before-it-regresses Mon, 05 Oct 2026 09:00:06 -0400 As AI startups increasingly seek bankruptcy protection, practitioners face a challenge unique to generative AI: model decay. This article introduces the "Ubik problem" — named for Philip K. Dick's novel where objects regress without constant maintenance — to describe how AI assets deteriorate when severed from training data, compute and engineering talent, and offers strategies for preserving value in restructuring.

]]> https://www.fredlaw.com/the-restructuring-report/mind-your-rs-and-abcs-a-guide-to-receivership-and-assignment-statutes-in-the-upper-midwest Ryan T. Murphy the-restructuring-report/mind-your-rs-and-abcs-a-guide-to-receivership-and-assignment-statutes-in-the-upper-midwest Fri, 07 Aug 2026 09:00:07 -0400 Receiverships and ABCs are increasingly attractive alternatives to bankruptcy in the Upper Midwest. Bankruptcy has become unaffordable or inaccessible for many businesses, prompting states to modernize their state remedies.

]]> https://www.fredlaw.com/the-restructuring-report/fast-cash-slow-relief-predatory-mcas-and-the-subchapter-v-debt-limit Steven R. Kinsella the-restructuring-report/fast-cash-slow-relief-predatory-mcas-and-the-subchapter-v-debt-limit Fri, 07 Aug 2026 09:00:08 -0400 Merchant cash advances promise fast cash to struggling small businesses, but their rigid daily repayments and personal guarantees often deepen financial distress instead of relieving it. A sharp drop in the Subchapter V debt limit to just $3.42 million now locks many MCA-burdened businesses out of this streamlined bankruptcy option, forcing them into costlier Chapter 11, Chapter 7 liquidation or state-court alternatives.

]]> https://www.fredlaw.com/the-restructuring-report/managing-sba-eidl-loan-lien-releases-for-the-distressed-business Clinton E. Cutler the-restructuring-report/managing-sba-eidl-loan-lien-releases-for-the-distressed-business Tue, 31 Mar 2026 09:00:09 -0400 Attorneys representing distressed businesses can use several options to assist their clients with Covid-era EIDL loans when they need to sell the business for less than the outstanding loan balance. One approach recommended by the SBA is to request a consensual lien release. This article explains how that process works, provides practical tips and outlines realistic timelines.

]]> https://www.fredlaw.com/the-restructuring-report/bankruptcy-rule-2014-in-practice-the-high-cost-of-incomplete-conflict-checks James C. Brand the-restructuring-report/bankruptcy-rule-2014-in-practice-the-high-cost-of-incomplete-conflict-checks Tue, 31 Mar 2026 09:00:10 -0400 A recent Third Circuit case highlights how even a single overlooked prior representation can lead a court to question counsel’s compliance with Bankruptcy Rule 2014. This case, In re Black Diamond Energy, provides an excellent reminder to lawyers that Rule 2014 requires not just truthful disclosures but also a reasonably diligent inquiry supported by reliable internal systems.

]]> https://www.fredlaw.com/the-restructuring-report/motion-to-dismiss-bestwall-case-denied James L. Baillie the-restructuring-report/motion-to-dismiss-bestwall-case-denied Wed, 01 Oct 2025 09:00:11 -0400 The Fourth Circuit recently addressed whether bankruptcy courts have subject matter jurisdiction over a case filed by an arguably “solvent debtor,” resulting in three separate written opinions and a split decision on the issue.

]]> https://www.fredlaw.com/the-restructuring-report/lien-on-lien-on-chapter-5-avoidance-actions Katherine A. Nixon the-restructuring-report/lien-on-lien-on-chapter-5-avoidance-actions Wed, 01 Oct 2025 09:00:12 -0400 After the Eighth Circuit ruled that Chapter 5 avoidance actions could be sold by a trustee or debtor in possession, many commentators raised the question of whether the debtor could grant a pre-petition security interest in those causes of action to a lender. A recent decision by the United States District Court for the Northern District of Iowa, on appeal from the bankruptcy court, provides one answer to that question. 

]]> https://www.fredlaw.com/assets/htmldocuments/2025/06/TheConvergenceofNonprofitLawandBankruptcyLaw_ABI.pdf blogpost-the-convergence-of-nonprofit-law-and-bankruptcy-law Tue, 17 Jun 2025 09:00:13 -0400 https://www.fredlaw.com/the-restructuring-report/does-the-failure-to-vote-constitute-a-vote-to-reject-a-subchapter-v-plan Steven R. Kinsella the-restructuring-report/does-the-failure-to-vote-constitute-a-vote-to-reject-a-subchapter-v-plan Tue, 17 Jun 2025 09:00:14 -0400 In Subchapter V cases, the confirmation of a consensual, rather than a nonconsensual plan, carries significant benefits. How should the courts treat classes of creditors that do not vote on the plan? Can the failure to vote render the plan nonconsensual?

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