ABI Journal

Selected content from the ABI Journal

  • Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    Check Engine: Rules of the Road to Navigate Upcoming Auto Distress

    The automotive industry faces an overhaul like nothing it has ever experienced. Short- and long-term challenges in the industry will likely result in a number of suppliers having to be restructured.

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  • Private Equity Has a Retail Problem

    Private Equity Has a Retail Problem

    Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.

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  • The Implications and Effects of Filings for Health Care Businesses

    The Implications and Effects of Filings for Health Care Businesses

    Professionals in health care restructurings need to ensure strong lines of communication with payers, regulators and licensing bodies for speedy resolution, or a business's value can deteriorate.

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  • Making Chapter 12 More Viable for Family Farmers

    Making Chapter 12 More Viable for Family Farmers

    Chapter 12 filing rates have been far below those of chapter 13 and chapter 11, even during periods of increased overall bankruptcy filings, suggesting that chapter 12 might be underutilized.

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  • Management Incentive Plans Under a Microscope

    Management Incentive Plans Under a Microscope

    Finding agreement on MIPs can be among the most daunting obstacles toward building consensus around a restructuring plan. This article provides a brief overview of the key elements of MIPs.

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  • Why Marijuana Assets May Not Be Administered in Bankruptcy

    Why Marijuana Assets May Not Be Administered in Bankruptcy

    The Executive Office for U.S. Trustees sounds off on what happens when marijuana businesses file for bankruptcy relief.

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  • Offshore Oil and Gas Leases: The Unanswered Question

    Offshore Oil and Gas Leases: The Unanswered Question

    If and when the next wave of oil-and-gas bankruptcies hits, more companies engaging in offshore exploration and production could be seeking bankruptcy protection.

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  • If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority rule. Litigation finance can help when there are insufficient assets to satisfy creditors.

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  • The Rest of the Story About the State of Brick-and-Mortar Retail

    The Rest of the Story About the State of Brick-and-Mortar Retail

    Retail bankruptcies are at a post-recession high. While the conventional wisdom is that online retailing is the culprit, this is only partly correct. This article offers a more in-depth analysis on th

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  • The Manson Tapes: Evidence of Murder in Bankruptcy Court

    The Manson Tapes: Evidence of Murder in Bankruptcy Court

    Potential evidence of additional Manson Family murders has recently surfaced in the most unlikely of places: the U.S. Bankruptcy Court for the Eastern District of Texas.

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  • Covenant-Lite Leveraged Loans: Time-Tested or Time Bomb?

    Covenant-Lite Leveraged Loans: Time-Tested or Time Bomb?

    So-called "covenant-lite loans" have an average default rate of just 1.3 percent for leveraged loans since 2011 — but we all remember how quickly that can change.

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  • Depressed Valuations Pose Added Challenge to Retail Reorganizations

    Depressed Valuations Pose Added Challenge to Retail Reorganizations

    Despite generally lofty market valuations, retailers that must restructure amid the current economic backdrop could hardly have timed it worse.

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  • Would Free-and-Clear Jurisprudence Hold Up Before the Supreme Court?

    Would Free-and-Clear Jurisprudence Hold Up Before the Supreme Court?

    The Supreme Court's trend of strictly reading statutory text suggests that it may find that well-accepted practices that advance functional policy objectives might be unsupportable by the Code's text.

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  • Unbundling as a Means of Financing Bankruptcy Fees and Working Without a “Wet” Signature

    Unbundling as a Means of Financing Bankruptcy Fees and Working Without a “Wet” Signature

    In an effort to finance debtor’s counsel’s fees, attorneys have sought to restrict their roles as debtor’s counsel by “unbundling” certain legal services as post-petition offenses.

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  • Creditors Not Getting a Fair Shake When Marijuana-Related Cases Are Dismissed

    Creditors Not Getting a Fair Shake When Marijuana-Related Cases Are Dismissed

    As states decriminalize marijuana use and production, state-legalized marijuana is likely to play some part in the financial affairs of an increasing number of debtors and creditors.

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  • Life After Jevic: An End to Priority-Skipping Distributions?

    Life After Jevic: An End to Priority-Skipping Distributions?

    A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp. How? Two bankruptcy experts explain.

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  • What Is the CFPB, and Why Should You Care?

    What Is the CFPB, and Why Should You Care?

    The CFPB’s overzealous and heavy-handed regulatory tactics, arising out of near limitless and sweeping powers conferred by broad enabling statutory language, could result in financial ruin.

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  • How Did the Puerto Rico Debt Crisis Happen?

    How Did the Puerto Rico Debt Crisis Happen?

    As is often the case with public debt, there was no single reason why Puerto Rico ended up in a fiscal crisis.

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  • Success Rates in Chapter 13

    Success Rates in Chapter 13

    Our deep analysis of chapter 13 case filings shows that how the case is filed — and, more particularly, who does the filing — has a huge bearing on whether the debt is successfully discharged.

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  • Lessons from Atlas — You Get What You Paid For

    Lessons from Atlas — You Get What You Paid For

    The Atlas case demonstrates that repugnant claims practices can quickly mushroom into adversary proceedings of the class action ilk.

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