How Bankruptcy Courts Weigh Requests to Compel or Intervene in Mediation
Frequently, parties locked in a dispute in a bankruptcy case are able to reconcile their differences through a mediation process, as permitted by the local rules and often with encouragement of the court. While Bankruptcy Courts welcome mediation between consenting parties, a court’s discretion is...
Best Practices for Financial Advisors in Bankruptcy Mediation
Many complex litigation and bankruptcy issues are best suited for discussion outside of the purview of the bankruptcy judge, and the parties would be well served to test the strengths (and weaknesses) of their positions in a mediation setting. Financial advisors play a key role in preparing their...
Suspect Energy Suppliers Are Failing  at the Expense of the German Public Sector, Consumers
The liberalization of the energy market in Germany has made it easy for electricity/gas providers to position themselves in the market with an internet portal. More than two decades since liberalization of the market, there are now around 1,000 electricity/gas providers. In addition to an internet...
Severe Cost Pressures Are Pushing UK Energy Suppliers into Insolvency, Restructuring
At the time of writing, approximately 30 UK-based energy supply companies have ceased trading since the start of 2021 alone, affecting millions of customers and altering the landscape of the UK’s retail consumer energy market. With the threat of continued increases to wholesale energy prices...
DOE LoanPrograms May Help Start-Ups Escape the ‘Valley of Death’
Early-stage companies and those with new and/or innovative solutions have a difficult time raising the capital necessary to ensure success, largely due to perceived imbalance of risk and reward. That difficulty is even more exaggerated when an early-stage company seeks to employ new and/or...
Multiparty Negotiations: Finding Bargaining Power When Financial Resources Are  Scarce
One of the most common yet challenging tasks that turnaround professionals must perform are multiparty negotiations. These negotiations are particularly difficult when counterparties perceive likely outcomes to be generally negative or not beneficial to their own interest. When that is the case,...
A Showdown Over the ‘Texas Two-Step’
The Texas two-step is an iconic dance. Many readers may have memories of learning the dance steps in elementary school gym classes as training for future jaunts to legendary Texas venues like Gruene Hall or Billy Bob’s. These days, a Texas two-step of sorts is the talk of the restructuring world,...
Energy Industry Faces New Era of Uncertainty, Challenges
From 2009 to 2019 the oil industry destroyed over $300 billion of investors’ capital, and that was before the 2020 crash. 1 During this era of relatively cheap oil, the industry was run like a failed startup: companies prioritized increased market share over profitability. Investors tolerated what...
Why the Expected COVID Restructuring  and  Bankruptcy Boom Fizzled—But  May Soon Materialize
In late March 2020, as the potential extent of devastation brought on by the COVID-19 pandemic was becoming clear, a headline in The New York Times declared: “Scary Times for U.S. Companies Spell Boom for Restructuring Advisers.” There were more than 8,000 permanent brick-and-mortar store closures...
Why Mixed-Use Real Estate Owners Should Detail  All Factors Contributing to Their Distress
For owners of retail and mixed-use real estate facing distress, it is tempting to blame their economic woes solely on the COVID-19 pandemic. This explanation is attractive because it leaves them blameless, is seemingly self-evident, and does not compel them to justify their past actions or explain...