Companies in financial distress are evaluating asset sales to save a business in stress or money to keep people employed. Under Bankruptcy Code Section 363(b), an asset sale may be conducted outside of a reorganization plan. A bankruptcy sale has the benefits of transferring title to assets clear and free of any interest in the
Business Bankruptcy
Conversion or Dismissal
A Chapter 11 case in New York starts with the filing of a petition with the bankruptcy court serving the area where the debtor lives. Each court has its own personality because the judges and trustees are different. Judge vacancies may create anxiety on court procedures and the number of cases on calendars with creditors,
Freddie Mac Modification
In Bulletin 2011-16 dated September 12, 2011, the Federal Home Loan Mortgage Corporation (Freddie Mac) published the requirements for its Standard Modification program. For the debtor looking to save a house, before contemplating bankruptcy, the debtor might look into the Standard Modification, which serves as a workout option for borrowers who are ineligible for the
Bankruptcy May Deter Employment
In Rea v. Federated Investors, 627 F.3d 937 (3d Cir. 2010), the court made clear the differences between public and private employers’ abilities to consider bankruptcy as a factor in the hiring process. The case makes people think twice about bankruptcy because bankruptcy may hurt someone’s employment opportunities, not just the credit score. The Federal
Bankruptcy and Intellectual Property
Intellectual property smacks with bankruptcy when a technology licensor has a debtor licensee who wants to assign the licensed rights to a licensor competitor. The Bankruptcy Code provides a debtor protection from spending to perform contract obligations with agreements are executory contracts. These agreements have material terms not yet performed by each party. For example,