Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    A Lesson in DIP Financing Due Diligence
    2018-06-08

    The Bankruptcy Code contains an array of provisions designed to encourage lenders to provide debtor-in-possession ("DIP") financing in chapter 11 cases, including authorization of "superpriority" administrative expense claims and "priming" liens designed to ensure that DIP loans are repaid. However, as illustrated by a ruling recently handed down by the U.S.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, United States bankruptcy court
    Authors:
    T. Daniel Reynolds (Dan)
    Location:
    USA
    Firm:
    Jones Day
    The Burden Of Medical Records During Bankruptcy
    2018-05-15

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S. Department of Health and Human Services announced that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax Inc., a medical record storage and transportation company, resolving claims against Filefax for potential violations of the Health Insurance Portability and Accountability Act, or HIPAA.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Haynes and Boone LLP, Medicare, Medicaid, Bankruptcy, Medical record, Health insurance, Liquidation, Due diligence
    Authors:
    C.J. Donald
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Healthcare Hazards Involving Medical Records During Bankruptcy
    2018-05-08

    Companies in the healthcare industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S. Department of Health and Human Services (HHS) announced that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax, Inc., a medical record storage and transportation company, resolving claims against Filefax for potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Haynes and Boone LLP, Medicare, Medicaid, Bankruptcy, Medical record, Due diligence, Health Insurance Portability and Accountability Act 1996 (USA)
    Authors:
    Kenya S. Woodruff , Jennifer S. Kreick , C.J. Donald
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    A Systematic Plan for Debt Collection by Agribusinesses
    2017-10-26

    There is nothing quite like a big sale to a new customer - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

    However, there is nothing more disheartening than when a new customer is unable or unwilling to pay for the product you just shipped or services you just provided. Perhaps there is one thing that is worse, when a long-term customer fails to pay.

    Filed under:
    USA, Agriculture, Company & Commercial, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Accounts receivable, Due diligence, Debt collection, Agribusiness
    Authors:
    Patricia J. Scott , Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Employment Authorization Issues Arising From Corporate Restructuring
    2017-03-20

    American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues.

    Filed under:
    USA, Employment & Labor, Immigration, Insolvency & Restructuring, Foley & Lardner LLP, US DHS, H-1B visa, Due diligence, I-9 (form), L-1 visa, US Department of Labor, NAFTA
    Authors:
    Anita M. Sorensen
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Too Clever by Half: Bankruptcy Court Re-characterizes Debt Owed to Insider as Equity
    2016-08-22

    In a new, unpublished decision1 in the U.S. Court of Appeals, the Fourth Circuit affirmed a bankruptcy court’s order re-characterizing a portion of a loan to a bankruptcy debtor purchased by a creditor as equity instead of debt, impairing that creditor’s ability to recover from the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Adams and Reese LLP, Bankruptcy, Debtor, Interest, Limited liability company, Debt, Good faith, Due diligence, Secured loan, United States bankruptcy court, Fourth Circuit
    Authors:
    Andrew J. McBride
    Location:
    USA
    Firm:
    Adams and Reese LLP
    Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment
    2016-07-19

    In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to take an interest in innovative companies, hoping to find the next “unicorn.” Notwithstanding the fast pace of the tech industry, it remains important for investors to conduct due diligence before kicking funds into any business, especially when bargaining for a security interest or license.

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Litigation, Dorsey & Whitney LLP, Bankruptcy, Collateral (finance), Start-up companies, Interest, Debt, Foreclosure, Due diligence, Secured loan, United States bankruptcy court, Sixth Circuit
    Authors:
    Eric Lopez Schnabel , Alessandra Glorioso
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Keep Your Fights Out of Bankruptcy Court: Bad Faith Involuntary Petitions
    2016-06-09

    Creditors seeking to file an involuntary petition against a debtor may want to consider doing their due diligence before using it as a tool in their ongoing disputes with a debtor.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Due diligence, Bad faith, Collateralized debt obligation, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Daniel Gwen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Joint evidence session between the work and pensions and business innovation and skills select committees on the collapse of BHS - day two: adviser group 2
    2016-05-27

    The adviser group 2 session on Monday 23 May comprised Owen Clay, corporate lawyer for Arcadia and Traveta (Linklaters); Steve Denison, auditor of Traveta and its subsidiaries, including BHS (PwC); and Anthony Gutman, ‘informal’ adviser to the Arcadia Group (Goldman Sachs).

    The questioning focused on the solvency position of BHS at the time of the acquisition, the level of due diligence undertaken on the eventual acquirer (Retail Acquisitions Ltd) and the recognition of the pensions deficit in the deal negotiation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Penningtons Manches Cooper LLP, Due diligence, Goldman Sachs, Department for Work and Pensions (UK)
    Authors:
    Maria Riccio
    Location:
    United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    Debt purchase due diligence: Extensive enquiries are essential
    2016-03-30

    The Court of Appeal has reiterated some important rules for funders involved in debt purchase. Banking Litigation specialist Alasdair Urwin looks at the recent case of Bibby Factors Northwest v HDF and MCD [1].

    Buyer beware

    This case concerned a factoring agreement, pursuant to which a funder (Bibby) purchased unpaid invoices from another company (the Assignor), including debts owing from the defendant companies (the Customers).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Walker Morris LLP, Debt, Due diligence
    Location:
    United Kingdom
    Firm:
    Walker Morris LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 42
    • Page 43
    • Page 44
    • Page 45
    • Current page 46
    • Page 47
    • Page 48
    • Page 49
    • Page 50
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days