Worldwide: Financial Restructuring

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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
Section 363 Sales In Bankruptcy: What Businesses, Lenders, And Buyers Need To Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism—a sale under Section 363 of the United States Bankruptcy Code. Understanding how Section 363 sales work can help business owners, lenders, investors, and prospective purchasers identify opportunities and avoid costly surprises in bankruptcy asset transactions.
United States Insolvency
SH
Scarinci Hollenbeck LLC
Article
Putting A Price On Summer Camp: Inside Simad’s $448M Bankruptcy Auction
Cole Schotz attorney Michael Sirota received an urgent early-morning call to file nearly 200 bankruptcy cases within 24 hours after the Shabseles brothers' real estate empire and summer camp network unexpectedly collapsed. With 20,000 children about to board buses for summer camp, the legal team faced the challenge of restructuring a complex web of entities while ensuring the camps could open on schedule.
United States Insolvency
CS
Cole Schotz P.C.
Article
The Enterprise Software Debt Crisis: What Cracks In Private Credit Mean For The Industry
Private credit markets are showing signs of stress, with enterprise software borrowers particularly vulnerable as AI disruption threatens their business models. Four critical warning signals—deteriorating credit health, rising PIK interest, mid-market concentration of defaults, and strategic misalignment with AI—suggest lenders need to shift from passive monitoring to active portfolio management before the 2028 debt maturity wall arrives.
United States Finance
A
AlixPartners
Podcast
Navigating Distress In Wine And Spirits And Driving Durable Value: A Conversation With Bernardo Silva (Podcast)
Teneo Senior Managing Director Bernardo Silva discusses the unprecedented distress reshaping the wine and spirits industry, from pandemic-fueled overinvestment to structural consumer shifts including the "sober-curious" generation, cannabis legalization, and GLP-1 adoption. He shares insights on navigating inventory gluts, weak balance sheets, and the unique challenges of an industry where products age for years before reaching market.
United States Finance
KM
Katten Muchin Rosenman LLP
Article
In Chester Chapter 9 Decision, Third Circuit Provides Guidance On Bankruptcy Treatment Of Municipal Revenue Bonds
The Third Circuit Court of Appeals has issued a pivotal ruling in Chester, Pennsylvania's chapter 9 bankruptcy case that examines when municipal revenue bonds maintain their secured status after a city files for bankruptcy protection. The decision analyzes three critical exceptions under Section 552(a) of the Bankruptcy Code that could preserve bondholders' liens on post-bankruptcy revenues, with implications for how municipal financing structures must be crafted to withstand bankruptcy proceedings.
United States Insolvency
HL
Hogan Lovells Cadwalader
Article
Forum Shopping For A Friend? Availability Of Third-party Releases In The UK, Singapore And The US
Third party releases (3PRs) have long been a feature of restructuring processes in key international restructuring centres including England, Singapore and the United States. However, recent court decisions in all three jurisdictions have brought renewed scrutiny to the circumstances in which such releases can be granted and their permissible scope.
Worldwide Insolvency
KL
Herbert Smith Freehills Kramer LLP
Article
Restructuring Plans: An Emerging Alternative To Chapter 11 For US Companies?
UK restructuring plans have emerged as a powerful alternative to US Chapter 11 bankruptcy, offering unique advantages for distressed companies including preservation of stock listings, favorable voting thresholds, and the ability to implement non-consensual third-party releases. Recent cases involving US-based companies like Argo Blockchain, Fossil Group, and New Fortress Energy demonstrate how strategic forum shopping and flexible creditor treatment can achieve successful cross-border restructurings.
United States Insolvency
KM
Katten Muchin Rosenman LLP
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
Article
Del Monte Bankruptcy Court Dismisses Breach Claim Over DIP Roll-Up, But Allows Future Pro Rata Sharing Claim To Proceed
A U.S. Bankruptcy Court ruling examines whether a DIP financing roll-up violates prepetition credit agreement sharing provisions, with implications for how courts interpret payment obligations in liability management exercises. The decision addresses the tension between compensating DIP lenders for new money risk and protecting non-participating lenders' contractual rights to ratable treatment.
United States Insolvency
HL
Hogan Lovells Cadwalader
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