By: Laura Day DelCotto The Eighth Circuit recently affirmed the appeal by the “Ad Hoc Committee of Non-Consenting Creditors” of the 2017 confirmation of the Chapter 11 Plan of Peabody Energy, In re Peabody Energy Corp., No. 18-1302 (August 9, 2019). I would say that when the Court points out,
By: Dean A. Langdon Marriage involves sharing risks and rewards with a spouse. Entrepreneurial couples may establish a business together, or one spouse may establish a business and exclude their spouse due to the risk of economic loss. After all, between 20-50% of small businesses fail within the first 5
By: Laura Day DelCotto There are many cases that stand for the proposition that bankruptcy courts are “courts of equity,” but what does that really mean? To the lay person, this sounds like it means that bankruptcy courts have wide discretion to be fair and avoid injustices and abuses of
By: Laura Day DelCotto and Dean A. Langdon The economic challenges in today’s current health care climate are well documented and run to the core of a fundamental national debate rearing its head in the upcoming 2020 election cycle. “Medicare for All” is more than a sound bite or political
By: Jamie L. Harris If you receive notice that a customer or client has filed for Chapter 7 bankruptcy relief, there are certain things you need to know about the bankruptcy process. First, you should cease any pre-petition collection efforts. The automatic stay afforded by the bankruptcy filing stays any
By: Laura Day DelCotto I’m reading more and more about ESG – it’s sweeping into vogue in a big way. I predict that we will continue to see more about it in 2019, including moving beyond the financial investment world. But how, exactly, do we make decisions that integrate the
By: Jamie L. Harris Putting your company in Chapter 11 bankruptcy is far more complicated that just signing some paperwork. First, you need to evaluate if all your financials are accurate and up to date. You will want to get all tax returns timely filed and gather all your insurance
By: Laura Day DelCotto I learn something new every day, so it keeps this life fun. Somehow, I don’t remember ever specifically focusing on 11 USC §511 in all these years of confirming plans. With interest rates moving so often this year (and in the wrong direction from borrowers’ perspective),
By: Laura Day DelCotto The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants. The filing is viewed with
By: Laura Day DelCotto Stanley Druckenmiller has been widely quoted recently for his predictions at the NYC Grant’s Investment Conference of looming insolvencies and bankruptcies to be filed by any number of zombie companies: “Seriously, does anyone know why Sears is still in business?” He is right, the zombies have
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