In a typical Chapter 11 bankruptcy case, the initial terms of a debtor-in-possession (DIP) financing arrangement likely include a provision granting the DIP lender a lien on the bankruptcy avoidance actions and/or the proceeds of such actions, and one of the first things a committee of unsecured...

“It is a longstanding principle of American law ‘that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.’” 1 A number of cases involving avoidance actions have been brought against overseas defendants in recent...

B rian Davies is a managing director and practice head of Capstone Headwaters’ Financial Advisory Services (FAS). He is responsible for the firm’s corporate restructuring, transaction advisory, and specialty M&A operations, as well as managing client engagements. With 20 years of experience in...

Arizona Andrea Wimmer, Schian Walker PLC Atlanta Andrew Blaesing, Aurora Management Partners Inc. Lloyd R. Lane, Moore Colson Amanda Levesque, Moore Colson Susan H. Seabury, Baker Tilly John A. Thomson Jr., Adams & Reese LLP Phil Tucker, Phil Tucker & Associates LLC Cora A. Wilke, Morris...

As professionals in the turnaround industry, we are consistently called upon to address liquidity issues and deteriorating financial and operational performance. One of the first steps we take is to diagnose the root cause of the distress. Once we identify the cause, we are better equipped to...

Despite the strong stock market performance and the low interest rate environment, financial distress, as measured by the number of Chapter 11 bankruptcy filings, is gradually increasing in both general Chapter 11 and real estate. The exception to this “gradual” increase is in healthcare, which has...

The Tax Cuts and Jobs Act of 2017 (TCJA), signed by President Trump on December 22, 2017, has potential implications for nearly every segment of the healthcare industry. For healthcare providers, elements of the TCJA may increase pressure on operating profitability, which may, in turn, lead to an...

The public focus on making healthcare better, more cost effective, and increasingly convenient has resulted in a number of disruptive forces challenging organizations. A small disruption in profitability or timing of cash flows can have large ramifications, especially for companies that have used...

A law firm just filed a Chapter 11 case in U.S. Bankruptcy Court for the District of Delaware. That can be a stressful time, but the attorneys are experienced and understand the protocols and related procedures. They did the exact same thing as they’d done with prior cases. This time, however, they...

Healthcare’s version of the Industrial Revolution is well underway. Over the last decade, five revolutionary forces 1 have taken industry stakeholders by storm: the convergence of genetic and computer codes, advancements in mobile technologies, a negative return on capital, the integration of...