As a streamlined alternative to bankruptcy or ABCs, a strategic UCC Article 9 short-sale of business assets can resolve and relaunch a business operation, predictably and efficiently, requiring only the consent of the senior creditor and defaulting borrower. Through a senior lender’s Article 9...
Among the many effects of the COVID-19 pandemic, shifts in consumer spending caused unprecedented volatility. Companies that were agile enough to pivot quickly seized the opportunities for growth in areas such as health and fitness, home...
“Retail is dead.” Professionals hear this phrase so often that some start to believe it. The authors’ research confirms that change is taking place across the sector but suggests an element that can fuel growth: traffic. Online retailers (e-coms) have been improving their user experience over time...
Construction Market Trends, sponsored by Ritchie Bros.
Experts discuss the construction equipment industry, focusing on pricing and demand metrics, supply chain, and labor issues, as well as a detailed discussion about the current progress on the U.S. infrastructure bill...
In this session, speakers discuss the transportation industry as whole, such as OEM production delays, auction volumes and pricing, spot rate impact, driver shortages, and more. Customer examples and stories provide...
Beware the long tail of successor liability—with recent cases involving asbestos, talc, and opioids, asset acquisitions may not be as “free and clear” as they seem. Exceptions to the “rule of non-liability” have expanded over recent decades....
Bankruptcy provides debtors with important advantages for dealing with insolvency, but if bankruptcy is impractical or undesirable, alternatives such as ABCs, UCC Article 9 sales, and receiverships can often achieve similar results more quickly and with less...
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...
