Business restructuring and bankruptcy | New York Law Journal
Shine a light on structured layoffs
This article features a discussion of the June 9, 2021 ‘In re KG Winddown’ decision, where US Bankruptcy Judge Martin Glenn clarified some unresolved issues regarding structured dismissals in Chapter 11 bankruptcy cases arising from the ruling. of the 2017 US Supreme Court in ‘Czyewski v Jevic Holding.’
Preference share navigation in retail sector restructurings
When charting the way forward in bankruptcy proceedings, there are specific pitfalls and considerations that debtors, creditors, and their legal and financial advisers should be aware of and approach with caution when it comes to bankruptcy. ‘preferential shares.
Understanding when bankruptcy suspension keeps government at bay
The general experience of the automatic stay of bankruptcy proceedings under section 362 could lead lawyers who are not bankruptcy specialists to conclude that the stay covers all parties equally, including entities. government. The correct answer is both yes and no.
Congress seeks to restrict discharges of non-debtors in new bankruptcy reform bill
While some of the concerns about non-consensual third party releases may be valid, the 2021 Non-Debtors Release Prohibition Act goes too far in limiting what can, under the right circumstances, be a valuable tool. in restructuring.
Subchapter V Bankruptcy for middle market debtors
Despite its official name – the Small Business Reorganization Act – the law colloquially known as “Subchapter V” may offer a streamlined reorganization vehicle for some mid-market businesses.