The nonprofit sector is an important component of today’s society. Included within this sector are most of the nation’s premier hospitals and universities; orchestras; theater and opera companies; all religious congregations; family and children’s services, neighborhood development, antipoverty,...
In distressed situations and workouts, lenders often trade forbearance and additional funding for concessions that make it easier to foreclose if the debtor commits new defaults or files a bankruptcy. Two recent Bankruptcy Court decisions refused to enforce provisions in forbearance agreements that...
Distressed investors often spend hundreds of thousands, or even millions, of dollars conducting diligence, negotiating transaction documents, and participating in uncertain auction and legal proceedings. The process is not for the faint of heart. A distressed investor may end up with the proverbial...
The Polsinelli | TrBk Healthcare Services Distress Research Index equaled its high from the previous quarter in Q3 2016 and has now reached record levels in three successive quarters. Compared to the same period one year ago, the index is up 65 points, indicating that the high level of distress in...
One of the things that made Peter L. Tourtellot, CTP, so special was that he made time for everybody, no matter how busy he was. His passing on July 16 came as a shock to a lot of us. His contributions and impact on TMA are so far-reaching, it is hard to quantify them all. In sports, a microcosm...
The Polsinelli|TrBK Chapter 11 Distress Research Index increased by nearly 8 points, to 52.68, in Q2 2016 versus the previous quarter and has now increased for five of the last six quarters. Compared with the same period one year ago, the index has risen nearly 15 points, or approximately 39...
The Polsinelli | TrBk Distress Indices for the first quarter of 2016 showed a 30-point jump in the Healthcare Services Distress Index, pushing the measure to its highest level since the inception of the indices. For the first time since 2010, all three measures included in the Distress Indices...
After showing dramatic declines for the past four years, the Polsinelli|TrBK Chapter 11 Distress Research Index increased for three out of four quarters in 2015 and is at its highest point since June 2014. The index has been showing distress stabilizing at prerecession levels and now suggests that...
Once a distressed business and its advisors have concluded that an out-of-court restructuring will not satisfactorily resolve a debtor’s financial difficulties, the company frequently begins planning to seek relief under the U.S. Bankruptcy Code. The code provides debtors and creditors with a...
Payment of professionals in Chapter 11 is a complex process intended to ensure transparency and fairness. It can also be a maze filled with traps for the unwary. Professionals for the estate are required to have their engagement approved by the court at the beginning of the case and then to have...
