United States: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Delaware’s New ABC Act: A Powerful Tool For Distressed Companies (Video)
Delaware has become the sixth state to adopt the Uniform Assignment for Benefit of Creditors Act, creating a more streamlined framework for distressed companies. This new legislation offers an alternative to Chapter 11 bankruptcy for Delaware-organized companies lacking liquidity, featuring assignee independence, structured claims administration, and Court of Chancery oversight. The Act's implications are significant given that over 60% of publicly traded U.S. companies are organized in Delaware.
United States Insolvency
LS
Lowenstein Sandler
Article
Massachusetts Business Litigation Session Holds Unregistered Broker Cannot Recover $20 Million Success Fee for Take-Private Transaction
A Massachusetts court recently dismissed claims by an unregistered broker seeking a $20 million success fee for arranging a take-private transaction, ruling that federal securities law rendered the alleged agreement unenforceable. The decision explores how the Securities Exchange Act intersects with contract law and Chapter 93A claims when brokers operate without proper registration.
United States Insolvency
GT
Greenberg Traurig, LLP
Article
401(k) And Pension Plan Obligations In Bankruptcy: Key Considerations For Bankruptcy Trustees
Chapter 7 bankruptcy trustees assume ERISA fiduciary responsibilities for company retirement plans, creating inherent tensions between their duties to plan participants and creditors. The Department of Labor's expanded Abandoned Plan Program now offers streamlined procedures for trustees to terminate 401(k) plans, but navigating the complex regulatory landscape requires careful coordination across multiple federal frameworks.
United States Insolvency
DL
Davis+Gilbert LLP
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Restructuring & Insolvency

Financial Restructuring

Article
Delaware’s New ABC Act: A Powerful Tool For Distressed Companies (Video)
Delaware has become the sixth state to adopt the Uniform Assignment for Benefit of Creditors Act, creating a more streamlined framework for distressed companies. This new legislation offers an alternative to Chapter 11 bankruptcy for Delaware-organized companies lacking liquidity, featuring assignee independence, structured claims administration, and Court of Chancery oversight. The Act's implications are significant given that over 60% of publicly traded U.S. companies are organized in Delaware.
United States Insolvency
LS
Lowenstein Sandler
Podcast
Navigating Distress: Commercial Real Estate Workouts In The CMBS And CLO Markets (Podcast)
The U.S. distressed commercial real estate market faces mounting pressure from high interest rates, overleveraging, and an approaching wave of loan maturities. Real estate experts explore why conditions in multifamily, office, and hotel assets may be worse than widely reported, and outline practical strategies for borrowers to protect their interests in an increasingly challenging refinancing environment.
United States Finance
MB
Mayer Brown
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Insolvency/Bankruptcy

Article
Delaware’s New ABC Act: A Powerful Tool For Distressed Companies (Video)
Delaware has become the sixth state to adopt the Uniform Assignment for Benefit of Creditors Act, creating a more streamlined framework for distressed companies. This new legislation offers an alternative to Chapter 11 bankruptcy for Delaware-organized companies lacking liquidity, featuring assignee independence, structured claims administration, and Court of Chancery oversight. The Act's implications are significant given that over 60% of publicly traded U.S. companies are organized in Delaware.
United States Insolvency
LS
Lowenstein Sandler
Article
Wisconsin Act 115 (2025): Admission To Nursing Homes Or CBRFs Without Power Of Attorney For Health Care Or Guardianship
Wisconsin Act 115 introduces a streamlined alternative procedure allowing patient representatives to consent to nursing home or CBRF admissions for incapacitated individuals without requiring guardianship petitions. The legislation extends decision-making authority beyond the previous 90-day limit and modifies incapacity determination requirements, fundamentally changing how healthcare facilities manage admissions for patients lacking activated powers of attorney.
United States Healthcare
RB
Reinhart Boerner Van Deuren s.c.
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