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Fulcrum Library

Bankruptcy and Restructuring

Library Sections:

Congressmen Harass Companies For Attempting To Comply With Health Care Law Changes

Recent Bankruptcy Cases Threaten Secured Lenders’ Position

The cases (i) expand the definition of an “insider” to include a creditor with a “close relationship” to a debtor, and (ii) under what circumstances a lender can be equitably subordinated.

"New Caution Warranted When Selling To Entities In Bankruptcy

Although no harm occurred to the estate, the Eleventh Circuit required return of an administrative claim payment. Suppliers should not make post-petition sales until their customer in bankruptcy provides a cash collateral order.

Home Equity Lines Of Credit May Be Dischargeable Even When Borrower Lies

A bankruptcy ruling from the Northern District of California could have enormous impact to the subprime loan crisis. Despite finding that the borrowers lied and would otherwise not be eligible for a bankruptcy discharge, the Court concluded that typical “liar loans” which underlie much of the subprime crisis are dischargeable because no lender would have reasonably relied on the representations contained in the loan application.

A Graphical And Summary Explanation Of The Financial Restructuring Process

We describe the major efforts that should be occurring, and the timing of each.

Financial Experts Improve Bankruptcy Litigation Results

The cost of getting expert appraisal and accounting assistance is a fraction of the “prize” that is being negotiated. We review the bankruptcy process and explain opportunities where financial expert help is necessary.

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