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March 1, 2013Texas Journal of Business Law
Volume 45, Issue 2 of the Texas Journal of Business Law
The entire issue, all in a single file.
March 21, 2024ronc
Bankruptcy Discussions
No one goes into business planning to file bankruptcy. But even thriving businesses may be drawn into bankruptcy if one of their customers or suppliers files for bankruptcy protection. And when faced with economic headwinds, businesses that thoughtfully plan for a potential bankruptcy filing early on tend to fare better than those businesses that hold out until the bitter end and file only as a last resort. While an actual bankruptcy case calls for a specialist, all business lawyers should have a working understanding of bankruptcy basics to identify opportunities and threats.
March 3, 2023Mark Schlackman, Jonathon Wilson
Due Diligence: Key Considerations for Business Transactions
When corporate lawyers say that a traditional law school education does little to prepare you for a transactional practice, due diligence often comes to mind. It is fundamentally a business skill that requires the ability to understand the client’s commercial objectives, analyze industry documents, identify key business issues and present relevant information in plain English. For this reason, many will say that the best way to learn howto conduct a due diligence review, is to do it. The authors of this paper do not disagree; we note here only a few key considerations that may provide some helpful context for learning this essential skill in the practice of business law.
March 3, 2023Kerry S. Alleyne
Chapter 11 Bankruptcy 101 Subchapter v – Small Business Debtor Reorganization
This is an introduction to the most often used provisions of the United States Bankruptcy Code (“Code”). I touch on simple concepts that a business lawyer should be generally familiar with in order to prepare his/her client for a Chapter 11 bankruptcy reorganization. Additionally, I discuss reporting requirements for small business debtors, general administration of a case, augmenting the bankruptcy estate through avoidance actions and confirming a plan of reorganization. This paper focuses on Chapter 11 from the viewpoint of the small business debtor who has elected to be treated under Subchapter V, Small Business Debtor Reorganization of 2019 (“SBRA”), the most recently enacted amendment to the Code.
November 8, 2020Tricia R. Deleon
Bankruptcy 101: Landmines to Avoid During the Pandemic and Beyond
Bankruptcy filings will inevitably be on the rise given the uncertain economic environment. If your client’s company is a creditor involved in a bankruptcy, there is no substitute for being prepared for and seeking outside bankruptcy counsel to advise on proper strategy. You may want to advise your client to proactively hiring counsel to strategically structure vendor contracts; analyze sale opportunities, particularly of distressed assets; restructure your own client’s corporate debt; if involved in a large Chapter 11, hire counsel to advise upon the benefits of having representation upon the creditors’ committee; and, advise your client’s company, if applicable, on the bankruptcy impacts of oil and gas and intellectual property issues.