J oseph L. Schwartz is a partner with Riker Danzig Scherer Hyland Perretti LLP and head of the firm’s Bankruptcy and Reorganization Group. He concentrates in all facets of restructuring, insolvency law, and complex bankruptcy and commercial litigation. Over the past few years, Schwartz has...
Welcome to the first TMA Talks, a regular series of podcasts hosted by TMA Global CEO Scott Y. Stuart, Esq. Each segment will feature prominent TMA members, industry experts, and other special guests. These exchanges will offer insights into key markets, forward-thinking economic outlooks, insider...
TMA honors excellence through its annual awards program, which recognizes achievements in the categories listed in this issue, plus more. The following awards were presented at The 2018 TMA Annual in Colorado Springs, CO, on September 27. TURNAROUNDS AND TRANSACTIONS OF THE YEAR Transaction of the...
Tom Buck, CTP, has joined GlassRatner Advisory & Capital Group LLC , a wholly owned subsidiary of B. Riley Financial, as a principal and member of the Bankruptcy & Restructuring practice. He oversees operations in the firm’s New York office. With 20 years of experience advising companies,...
Alabama Dannelly J. Shelton, AEA Group LLC Sarah A. Stephens, Stephens Law Offices LLC Atlanta Britney Baker, King & Spalding LLP Miguel Cadavid, King & Spalding LLP Jack Dougherty, Emory University Drew Minner James C. Morgan Timothy F. Smith, Dixon Hughes Goodman LLP California - Northern...
As we reflect on the 10th anniversary of the bankruptcy filing of Lehman Brothers Inc., it’s not difficult to notice that the restructuring industry has changed dramatically over the past decade. Bankruptcy filings are down. Chapter 11 cases that are filed are of shorter duration, and sales under...
The stand-alone sale in bankruptcy of certain forms of intellectual property, namely trademarks, is now well-established. Since the dot-com bust, when website companies had few, if any, tangible assets to sell, restructuring professionals have grown accustomed to disposing of intangible assets in...
Ever since the securitization market began its exponential growth three decades ago, scholars and lawyers involved in structured finance have searched for a secular "holy grail"—a clear legal definition of a true-sale. 1 The quest is an important one. Despite its implosion in the aftermath of the...
Section 363(f) of the U.S. Bankruptcy Code enables a trustee or Chapter 11 debtor to sell its assets “free and clear of any interest in such property of an entity other than the estate,” provided it meets certain conditions. 11 U.S.C. Section 363(f). As courts have explained, “allowing sales of...
Asset sales pursuant to Section 363(b) of the U.S. Bankruptcy Code have become a common staple of complex Chapter 11 bankruptcies. Major companies such as The Rockport Co. LLC, Nine West Holdings Inc., and the Weinstein Company have all used 363 sales, as they are known in bankruptcy parlance, to...
