Skip Navigation

The Restructuring Report

The Six Primary Lessons Learned Representing Landlords and Lessors During the COVID-19 Pandemic

June 17, 2021

A number of lessons may be learned from representing clients in the bankruptcy filings in the retail and restaurant industries.

View Details

Convergence in International Bankruptcy

June 17, 2021

Bankruptcy law is changing around the world, away from the liquidation model and toward the model of corporate rescue. Additionally, these changes reflect movement toward venue competition for the business of hosting international bankruptcy cases.

View Details

Current Developments in “Critical Vendor” Payments

June 17, 2021

A recent case provides ten elements that courts and professionals may use to determine if vendors should receive critical vendor payments.

View Details

Growing Use of Small Business Reorganization Bankruptcy Cases

June 17, 2021

In the year since its enactment, more than 1,500 businesses and individuals have filed cases under the Small Business Reorganization Act.

View Details

Current Developments with Rent Obligations in Chapter 11 Bankruptcies

February 25, 2021

Prior to the COVID-19 pandemic, the Bankruptcy Code generally has been interpreted to require debtors to pay rent obligations on time under unassumed real property leases as those obligations arose post-filing and pre-rejection. This result was driven by 11 U.S.C. § 365(d)(3), which requires the debtor to “timely perform” all obligations until the lease is assumed or rejected, with one narrow exception.

View Details

Where to Start When Winding Down a Business?

February 25, 2021

The most important part of the process is assessing the alternative methods to wind down a business, choosing the right approach and executing on the plan.

View Details

Do Nonprofits Need to Comply with the Absolute Priority Rule?

February 25, 2021

As financial distress grows due to the pandemic, charitable organizations are faced with two immovable forces–increased demand from hard hit communities and decreased funding due to both the economic hardships facing many donors and the cancellation of most live fundraising events.

View Details

Reps and Warranties Insurance in Bankruptcy and Insolvency

July 24, 2020

Reps and warranties insurance, which has become common in conventional M&A transactions, is now being marketed for use in distressed transactions, including 363 bankruptcy sales. How will that work and can it help facilitate a more robust and competitive sale process?

View Details

COVID-19 Job Losses and the Importance of the Updated Minnesota Exemptions

July 24, 2020

Minnesota exemptions were recently updated, increasing the amount of assets that individuals may protect.

View Details

Serving Up Some Help: How Subchapter V Can Solve Problems for Service Industry Debtors During the Time of COVID-19

June 25, 2020

As COVID-19 continues to devastate the U.S. and local economies, the service industry in particular has experienced substantial declines in both business and profits. However, the new Subchapter V of Chapter 11 of the Bankruptcy Code and the CARES Act have provided service industry debtors with new and potentially life-saving tools to solve their unique debt issues moving forward.

View Details