When a company files for Chapter 11 bankruptcy, the first question for most trade creditors is: “Will I get paid?” The answer often depends less on the legal status of your claim and more on the practical realities of debtor-in-possession (DIP) financing. In...
Corporate Finance, Credit & Bankruptcy
When a Customer Files Chapter 11: Protecting Trade Vendors through §503(b)(9) and Critical Vendor Strategy
When a major customer files for Chapter 11 Bankruptcy protection, trade creditors are immediately forced into a legal and commercial balancing act. The instinct to stop shipments competes with the need to preserve business relationships and recover receivables. In...
Budget-Friendly Legal Support: How Small Law Firms Can Make a Big Impact
Legal support doesn't have to come with a hefty price tag. Contrary to the common perception that quality legal assistance equates to high costs, partnering with a small law firm can offer quality and experienced counsel that aligns seamlessly with your budget...
Creditor protection during bankruptcy
During the current difficult economic climate, businesses in distress are being forced to merge, liquidate or restructure debt in order to stay afloat. Creditors should know that they have rights, however, in the event of a corporate bankruptcy proceeding. It is...
Creditors’ rights and fraudulent conveyances
As a creditor, bankruptcy poses a very real risk. After all, a successful bankruptcy discharge could leave your bottom line hurting, in some instances significantly so. To protect your interests as fully as possible, you need to do everything you can to increase the...
Creditors face minimal recovery in sports retailer’s Chapter 11
Whether it is a business or personal bankruptcy in New Jersey, it is often viewed from the perspective of the person or entity who is seeking protection. For example, if a Chapter 7 or Chapter 13 personal bankruptcy is in progress or a business files for Chapter 11,...
Surviving an acquisition or merger
Whenever a company is going through an acquisition process, they want it to be a successful process. Understanding that process, and the legal protections businesses should be aware of and the ways business law resources can assist, may be able to help achieve a more...
What should be included in a contract?
Contracts govern most business relationships which is why how they are negotiated, drafted, executed and enforced is so important. For that reason, it is valuable to know what the elements of a valid contract are and what should be included in a contract. Offer The...
How smart creditors keep from losing too much in bankruptcy
Some industries may deal with frequent bankruptcy problems although all creditors in any industry face the risk of needing to engage in credit collection efforts. Some more frequently indebted businesses, such as retailers or manufacturers, which fail to meet targets...
Controlling your risk by keeping your commercial dispute out of court
Court litigation is set up as an adversarial process, which requires both sides to pursue their case as aggressively as possible, with the hope that a decision will be made by a Judge in their favor. Notice we use the term "a decision" but not necessarily “justice.”...
