Category Archives: Chapter 11
Negotiating With Creditors During a Chapter 11 Restructuring
One of the most critical aspects of a Chapter 11 can be negotiating with creditors on key aspects of the restructuring plan. The goal is to forge agreements that allow the business to stabilize and recover while ensuring creditors recover as much as possible relative to the alternative: liquidation. Businesses that approach creditor negotiations with […]
What Is the Typical Timeframe of a Chapter 11 Bankruptcy?
Chapter 11 bankruptcy is a legal process designed to help financially distressed businesses reorganize their debts and regain solvency. Chapter 11 gives the business the opportunity to restructure its finances, renegotiate contracts and develop a plan for repaying creditors over time, rather than having to liquidate assets and cease operations. The Chapter 11 process is […]
Protecting, Monetizing and Leveraging IP Assets During Chapter 11
When a company enters Chapter 11 bankruptcy, it faces a critical juncture, one in which the primary goal is to obtain debt relief. The remedy also offers a chance to reorganize operations, improve its balance sheet and emerge as a stronger entity. Among a business’s greatest assets is its intellectual property (IP). Whether consisting of […]
How the Automatic Stay Works in Chapter 11 Cases
The automatic stay is a powerful tool for a business seeking Chapter 11 protection. It takes effect the moment the petition is filed and functions as a court-ordered injunction that bars most creditors from continuing or starting collection activities against the debtor or the debtor’s assets. That means prepetition lawsuits, garnishments, foreclosures, repossessions, repossession threats, […]
Prepackaged vs. Traditional Chapter 11 — Which Is Right for You?
For distressed companies seeking a path to financial stability, Chapter 11 bankruptcy is a powerful tool, offering the possibility of reorganizing debts while continuing operations. However, not all Chapter 11 filings are created equal. Business owners considering this relief must choose between two primary options: traditional Chapter 11 and prepackaged Chapter 11. Traditional Chapter 11 […]
How Chapter 11 Can Help Save a Failing Franchise
Franchise businesses, especially in industries like food service, hospitality and retail, often face heightened financial pressures. These can be due to high overhead — such as lease payments, royalty and advertising fees, payroll and inventory — combined with evolving consumer tastes, disruptive economic trends and internet business, which has shifted how customers interact with brands. […]
Business Bankruptcies Surge to Highest Level Since 2010
The U.S. economy is seeing an unprecedented rise in bankruptcy filings not experienced since the aftermath of the Great Recession in 2010. A confluence of rising operational costs, fierce competition from international companies and the relentless march of online commerce has left many companies, particularly consumer-facing ones, struggling to stay afloat. The Administrative Office of […]
Structuring a Chapter 11 Plan for Long-Term Viability
Crafting a successful Chapter 11 plan goes far beyond simply reducing a company’s debt. It requires a deep, strategic overhaul of the business’s financial and operational structure. The goal is to create a resilient enterprise that returns to solvency and can thrive for years to come. Here are some strategies for structuring the Chapter 11 […]
How Becoming a Debtor in Possession Changes a Business Owner’s Role
Chapter 11 bankruptcy is a remedy designed to help a distressed business gain debt relief, reorganize and return to solvency. A defining feature of Chapter 11 is that the existing equity owner often remains in control of the company as a “debtor in possession” (DIP). However, an important transformation occurs. The business owner’s role shifts […]
What Are the Chief Causes of Business Bankruptcies?
A significant risk for companies of all sizes and industries is that economic circumstances, some outside their control, will force them into insolvency. Such risks become more apparent as market forces and regulatory actions both home and abroad can affect a company’s prospects. Understanding the most common reasons for business bankruptcy can provide valuable insight […]
