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Blog | DelCotto Law Group

debtor-in-possession

Five Key Debtor Duties in Chapter 11 Bankruptcy

February 12, 2015
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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 […]

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forbearance agreements, bankruptcy

Drafting Forbearance Agreements

February 10, 2015
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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 […]

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Pre-negotiated Chapter 11 Plans

February 5, 2015
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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 […]

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Bad Faith in the Sixth Circuit: A Totality of the Circumstances Approach

Bad Faith in the Sixth Circuit: A Totality of the Circumstances Approach

February 3, 2015
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Bad Faith in the Sixth Circuit

by: Jamie L. Harris
Generally, there is a presumption that debtors file petitions for reorganization in good faith. See In re Petralex Stainless, Ltd., 78 B.R. 738, 743 (Bankr.E.D.Pa.1987) ( citing U.S. Fidelity […]

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