Threat to Invoke  Germany’s StaRUG  Speeds Execution of Amend and Extend Transactions
Recent geopolitical and macroeconomic developments, including inflation, the interest rate environment, money supply, and signs of recession, have had a significant impact on the financing market globally. In Germany, the decline in the financing volume of leveraged loans, high-yield bonds, and...
Since the pandemic hit in March 2020, the restructuring landscape around the world and, in particular, in the United States has altered appreciably. For many, the pandemic began “for real” on Thursday, March 12, 2020, the night the National Basketball Association shut down. At that moment, the...
Inflation’s Toll on the Outlook for Restaurants
"I   think we now understand better how little we understand about inflation." -Federal Reserve Chair Jerome Powell, July 29, 2022 Even the chair of the Federal Reserve had to admit that inflation is a ferocious animal. He was on a rate hike mission for all of 2022 and is only now getting a sense...
Contractual Agreements in the Canadian Hotel Industry: Managing the Competing Stakeholders in a Canadian Insolvency
During the COVID-19 pandemic, the Canadian hotel industry suffered tremendous financial stress. This stress was lessened by financial support for the hotel sector by the federal and provincial governments. With such financial support coming to an end, and the emergence of supply challenges, higher...
Lessons for Travel and Hospitality Companies in a Post-Pandemic World
Travel and hospitality was one of the hardest-hit sectors during the pandemic. According to USTravel.org, in 2019, the total travel and tourism impact on the U.S. economy was $2.6 trillion and was responsible, directly and indirectly, for one in eight U.S. non-farm jobs. Of course, those numbers...
Implications of the WFH Trend for Business Travel and Hospitality
Three years after its onset, the COVID-19 pandemic’s long-term implications for consumer behavior, commerce, and daily life are still not widely understood. While pandemic restrictions have largely receded and are no longer a direct factor in individual and business decision making, the period...
Reservations for Restructuring: Headwinds Force Hotel Bankruptcies
The hospitality industry, particularly hotels, has been subject to significant headwinds since the onset of the pandemic in March 2020. Certain segments of the industry, mainly leisure properties, have recovered better than others. Hotel properties primarily reliant on business travel have...
Why More Hotels Have Not Filed Bankruptcy
No industry was harder hit by COVID-19 than tourism and travel. Turnaround and restructuring professionals might be tempted to connect the dots—thinking that an unprecedented demand shock would lead to an unprecedented rise in hotel bankruptcies. But before doing so, one must look at the unique...
Recent Retailer-Debtors  Cite Supply Chain Crisis  as Trigger for Bankruptcy Filings
In the aftermath of the decadelong “retail apocalypse” and onslaught of retail bankruptcy filings, 2022 saw a significant drop in retail Chapter 11 bankruptcy filings. As of November 2022, only seven large retailers had filed for bankruptcy protection 1 —a steep drop from the 52 retail bankruptcies...
Good Faith, Not Good Intentions, Required for Chapter 11 in the 3rd Circuit
On January 30, 2023, the 3rd U.S. Circuit Court of Appeals issued a precedential opinion reversing a decision by the U.S. Bankruptcy Court for the District of New Jersey and dismissing the Chapter 11 case filed by LTL Management LLC. LTL is the “Bad Co” Johnson & Johnson entity formed through a...