Category Archives: Bankruptcy

Stalking “Ponies” – Are break up fees a thing of the past?

The “Stalking Horse” is a term of art often used in the bankruptcy court to describe the initial bidder for a bankrupt company’s assets.   Typically, a company in bankruptcy will reach a deal with an outside bidder that wants to … Continue reading

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Distressed Investors May Feel a Chill in the Air

Patrick McCraney Willoughby Law Group, PLLC Copyright 2010 –  All Rights Reserved Distressed Investors Beware:  Use of voter designation and cramdowns to dilute the leverage traditionally enjoyed by strategic buyers of senior secured debt. One of the fastest and most … Continue reading

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Critical Vendor Status in a Business Reorganization

R. Patrick McCraney Willoughby Law Group, PLLC Copyright – 2010 – all rights reserved. Often a company that is involved in a formal restructuring (such as Chapter 11) has incurred pre-petition trade debt with various vendors and suppliers.   Many of … Continue reading

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