Exploring Wisconsin Receivership And Chapter 128: Effective Alternatives To Business Bankruptcy

When a business in Wisconsin faces financial distress, bankruptcy might seem like the only option. However, there’s an alternative that is often preferred by banks and businesses alike: Wisconsin Receivership under Chapter 128. This process can be a more efficient and controlled approach to handling business debt and liquidation, providing creditors with greater influence and efficiency in resolving financial difficulties.
What is Wisconsin Receivership?
Wisconsin Receivership, particularly under Chapter 128, is a state-specific alternative to federal […]

By | Nov 21, 2024 ||

Tenth Circuit: Bankruptcy Court Did Not Relinquish Its Jurisdiction By Granting Relief From Automatic Stay

Ever since Congress amended the Bankruptcy Code in 1984 to remedy the U.S. Supreme Court’s 1982 ruling declaring the jurisdictional groundwork of title 11 unconstitutional, there have been lingering questions regarding the scope of a bankruptcy court’s jurisdiction to rule on the many matters and proceedings that must typically be resolved in a bankruptcy case. One of those questions—namely, whether the bankruptcy court retains jurisdiction over claims and assets with respect to which the […]

By | Nov 19, 2024 ||

D&O Fiduciary Duties In The Zone Of Insolvency: Impact Of Purdue, Avoiding Claims, Maximizing Insurance In Bankruptcy

Foley partner Andrea Cunha is speaking in the upcoming Strafford webinar titled “D&O Fiduciary Duties in the Zone of Insolvency: Impact of Purdue, Avoiding Claims, Maximizing Insurance in Bankruptcy” on October 10.

This panel will provide bankruptcy counsel with updated and current instruction on the fiduciary duties of loyalty, due care, and oversight that directors and officers owe to the corporation and shareholders as a company slides into insolvency and who can enforce those duties […]

By | Nov 17, 2024 ||