SARE, Single Asset Real Estate Debtor

Dare to SARE: Single Asset Real Estate Debtors

Dare to SARE: Single Asset Real Estate Debtors DEFINING “SARE’S” The term “single asset real estate” is defined in 11 U.S.C. § 101(51B) as “real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross

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Chapter 11, disclosure statements, Adequacy of Disclosure

Chapter 11 Disclosure Statements: Adequacy of Disclosure

CHAPTER 11 DISCLOSURE STATEMENTS:  ADEQUACY OF DISCLOSURE Before a debtor’s plan can be approved in a Chapter 11 bankruptcy case, the debtor must submit a disclosure statement for approval. A disclosure statement may be approved as adequate only if it contains information sufficient to allow a “reasonable investor typical of

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Chapter 12, bankruptcy, farmers, family farm, fisherman

Defining Family Farmer: Eligibility for Chapter 12 Bankruptcy

Defining Family Farmer: Eligibility for Chapter 12 Bankruptcy By: Jamie L. Harris, Esq. It may be surprising but not all farming operations may qualify as “family farmers” eligible to seek Chapter 12 bankruptcy relief. “Only a family farmer … with regular annual income may be a debtor under chapter 12″

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2015 Industry Projections: Who’s in Trouble?

2015 Industry Projections: Who’s in Trouble? By: Laura Day DelCotto, Esq. Reuters recently conducted a survey of restructuring professionals for thoughts on looming economic distress in 2015.  The results are not particularly surprising.   The common theme is today’s “VUCA” world.  It is imperative to react on a dime, and that

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debtor-in-possession

Five Key Debtor Duties in Chapter 11 Bankruptcy

Five Key Debtor Duties in Chapter 11 Bankruptcy Filing for Chapter 11 bankruptcy involves substantially more effort than the filing of the bankruptcy petition and related documents. Upon filing for Chapter 11 relief, a debtor has new duties and is commonly referred to as a “debtor-in-possession.” The debtor has fiduciary

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forbearance agreements, bankruptcy

Drafting Forbearance Agreements

Drafting Forbearance Agreements:  A Road Map to Resolving a Troubled Loan             When faced with a matured loan or a borrower that is otherwise in default and lacks the funds necessary to satisfy the loan in full, some lenders are quick to resort to traditional collection methods like foreclosure.  In

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Pre-negotiated Chapter 11 Plans

Pre-Negotiated Chapter 11 Bankruptcy Plans by Jamie L. Harris If a company has insufficient time or ability to complete a fully prepackaged Chapter 11 bankruptcy case, an alternative is a pre-negotiated plan which is quite similar to a prepackaged plan. A pre-negotiated plan, like a prepackaged plan, involves prepetition negotiations

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When doctors, lawyers, accountants file for bankruptcy

Professionals and Bankruptcy: Issues, Risks and Opportunities

Professionals and Bankruptcy: a high-level overview by Dean Langdon Those who practice a profession tend to be well-respected and well-compensated by society for their services and contributions. But, mastering a profession does not automatically translate to business success.  As a lawyer, I left law school with limited insight into how to start,

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Does my spouse have to file bankruptcy?

Does my spouse have to file bankruptcy?

I’m married, does my spouse have to file bankruptcy? by Jamie L. Harris I frequently meet with individuals for consultation regarding personal bankruptcy and one of the most commonly asked questions is “does my spouse have to file bankruptcy” relief.  There is no requirement that your spouse file for bankruptcy

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