KCAA Morning Show Interview October 25, 2013

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism—a sale under Section 363 of the United States Bankruptcy Code. Understanding how Section 363 sales work can help business owners, lenders, investors, and prospective purchasers identify opportunities and avoid costly surprises in bankruptcy asset transactions.

The 2025 restructuring of the Ardagh Group S.A. (Ardagh or the company) capital structure unleashed one of the most controversial—and ultimately consequential—“Restructuring” credit event determination processes...

Riveron's Q2 2026 Restructuring & Turnaround brief examines how companies across multiple industries are navigating elevated financial distress amid tighter credit conditions, rising debt maturities, and persistent operational pressures. The analysis explores sector-specific challenges from aerospace to retail, highlighting how management teams and lenders are addressing liquidity constraints and restructuring risks in an increasingly selective credit environment.

Section 363 sales have become a routine feature of commercial bankruptcy cases, often determining recovery for secured creditors before a reorganization plan is even filed. Understanding the mechanics of credit bidding, adequate protection rights, and bid procedure negotiations can mean the difference between maximizing recovery and watching collateral sold under unfavorable terms.

MPM Silicones, LLC filed for chapter 11 bankruptcy protection, and soon after filed a prearranged plan of reorganization and obtained commitments for two exit financing facilities.

In In re Nussbaum Lowinger LLP, the Bankruptcy Court for the Southern District of New York (the Court) dismissed Chapter 11 bankruptcy cases commenced by two law firms and did so in favor of their assignment for the benefit of creditors proceeding already pending in New York state court. This decision provides useful guidance for creditors, assignees, and debtors evaluating whether to move from a state law assignment for the benefit of creditors to a federal bankruptcy case.

The Southern District of New York Bankruptcy Court's written decision in 1300 Desert Willow expands upon the Mako framework, clarifying when debtors can challenge an oversecured creditor's entitlement to post-petition default interest at contractual rates. The ruling narrows the application of the "fresh start" factor in single-asset real estate cases and addresses whether Section 506(b)'s reasonableness requirement applies to prepetition claim components, providing critical guidance for bankruptcy practiti

Between 2023-25, venture capital funding for artificial-intelligence (AI) companies surged wellinto the billions.

A Delaware bankruptcy court ruling clarifies that trustees can pursue subsequent transferees in fraudulent transfer cases without naming the initial transferee as a defendant, though they must still prove and avoid the initial transfer. This decision provides critical guidance for vendors and creditors who may face clawback exposure even when the original wrongdoer isn't sued directly.

There have been several so-called "uptier" transactions over the last several years, where lenders have provided "rescue financing" to a distressed company senior in priority to existing debt.

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

Fox Rothschild was among three first-time entrants into the Am Law 100 this year, jumping up 10 spots from a year ago.

The Federal Trade Commission (FTC) just published its Health Products Compliance Guidance ("Guidance"), which it issued to replace an advertising guide from 1998 focused on dietary supplements.

Christopher J. Pippett was featured in the Credit Union Times article, "Feds Uncover New Details in CFO Embezzlement."

Mossack Fonseca. Before April 2016, most of us had never even heard of a Panamanian law firm by that name.

We reported previously on DreamWorks Animation's payment of $50 million to settle a class action antitrust suit.

Joshua Horn's blog post, "Why The SEC Does Not Want The Free Lunch," originally posted the firm's Securities Compliance Sentinel, was mentioned as one of the top postings for October 19, 2015.

Darrell D. Miller is featured in The Wrap's article, "Jamie Chung, ‘Deadpool' Actor Karan Soni Join Jennifer Aniston's ‘Office Christmas Party' (Exclusive)."

Matthew S. Adams was quoted in the NJ.com article, "Security Guard Alleges Cop Put Gun to His Head, Threatened Him"

Brian McGinnis was featured in the Courier-Post article, "Norcross Calls for Congress to Act on Gun Safety."