To help with your writing efforts, here’s what people are looking for in Bankruptcy Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
Factors to weigh when deciding whether or not to buy a company that’s in bankruptcy; due diligence steps to be undertaken; asset and financing matters; union contract matters to consider; other obligations, liabilities, or red flags to watch out for. Decide whether to create a universal list of do’s and don’ts for these types of purchasing decisions or a do’s and don’ts list tailored to a specific industry or region.
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The bankruptcy reorganization process; top requirements or key elements in a restructuring and reorganization plan; guidance on how to maximize the odds of getting approval of a reorganization plan with a minimum of problems. Alternatively or additionally, consider whether to examine a real-life cautionary tale as an illustration of what not to do.
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A checklist for the bankruptcy process, consisting of five or more steps, tips, or processes that someone should be aware of and should consider following at some phase of the bankruptcy process, either when deciding whether to declare bankruptcy, or during or after the process. You may choose to make your checklist reasonably universal in nature or, alternatively, whether to focus your presentation on a specific type of personal or business bankruptcy.
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What last week’s ruling by a federal bankruptcy judge means for a Johnson & Johnson subsidiary and litigation over the company’s talc-based products; basis for U.S. Bankruptcy Judge Christopher Lopez’s ruling; potential next steps on the road to a settlement of cancer claims involving Johnson & Johnson consumer products.
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The status of electric-vehicle startup Fisker Inc.; why the U.S. Securities and Exchange Commission is objecting to Fisker’s liquidation plan; outlook for additional SEC action involving Fisker; related trends in the electric vehicle sector; guidance for other companies (regardless of industry) on crafting a successful liquidation plan, responding to SEC subpoenas in relation to a bankruptcy, and on other interactions with regulators.
Related information:
https://techcrunch.com/2024/10/04/fisker-faces-sec-investigation-as-bankruptcy-case-drags-on
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A court’s approval of FTX’s bankruptcy plan; what the bankruptcy judge’s action means for the crypto exchange’s customers and other individuals or entities; how this outcome compares to the results of other crypto companies’ bankruptcies.
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A recent 3rd Circuit ruling pertaining to Hertz’s bankruptcy; basis for the federal appeals court’s ruling; what the ruling means for Hertz and for bondholders; related trends involving other courts’ rulings in bankruptcy cases; practical takeaways for debtors or creditors.
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Tupperware Brands’ Chapter 11 filing; key factors that have contributed to a bankruptcy filing by such an iconic company; challenges facing the company; what other retailers (whether in the same industry or otherwise) may be able to learn from Tupperware’s history and current situation.
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The assets auction process in bankruptcies; when and how this process is undertaken; related rights and obligations of parties to an auction; potential risks to be aware of; additional do’s and don’ts for participants in the auction process.
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Issues that arise when a business’s key customers or suppliers go bankrupt; common signs that a person or entity with whom you have an important business relationship is in financial distress and may be on the verge of bankruptcy; debtor obligations and creditor rights in these types of situations; options and strategies for maintaining inventory or securing payment from customers during times of economic hardship.
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The nature of a “bad faith” bankruptcy. What constitutes a bad-faith filing, and what is the basis and process for determining when a filing is made in bad faith? Consider whether to write a primer on the issue, or whether to take a look at objections commonly raised by creditors in such cases, or whether to examine recent or otherwise noteworthy findings of bad faith, and the related implications for debtors or creditors.
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The bankruptcy sale process (in the country of your choice); applicable bankruptcy codes; steps and sequence typically involved in a bankruptcy sale; best practices to keep in mind; potential pitfalls to avoid.
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The definition of an unsecured creditor; what part an unsecured creditor may play in a bankruptcy; how unsecured claims are treated under various types of bankruptcy proceedings; related guidance for either creditors or debtors.
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Key considerations for restoring credit and moving forward after filing for a personal bankruptcy; recommended do’s and don’ts for repairing a poor credit rating (including how to clean up an incorrect credit report); what to know about buying or refinancing a home, obtaining a credit card or an auto loan, or handling significant debt.
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How U.S. bankruptcy law (or bankruptcy laws in another country of your choice) may apply to foreign companies; what factors determine which country’s bankruptcy laws, rights, and protections apply in a given instance; when it makes sense for a company to seek recognition from a court in another country as part of a restructuring or bankruptcy process; related legal trends and additional guidance.
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Irrevocable trusts; what they consist of; how they may be used in connection with a bankruptcy; pros and cons of their use in that context; alternatives to an irrevocable trust.
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Debtor-in-possession financing; when it should (or should not) be used; advantages and disadvantages of this financing option when compared to other alternatives; what factors may determine whether or not a DIP loan will receive the approval of a bankruptcy court; other potential roadblocks to securing DIP financing.
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Employer duties to employees, and potential liability risks, stemming from the employer’s bankruptcy; the recommended process for an orderly, legally compliant restructuring, closure of a facility, reduction or cessation of operations, and/or layoffs; relevant state and federal laws and collective bargaining obligations that an employer may need to be mindful of; instructive court rulings or otherwise noteworthy cases that illustrate useful guidance regarding any of these points; additional practical guidance for employers contemplating a bankruptcy.
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Macro trends driving corporate bankruptcies in the United States this year. What are the emerging issues, or lingering issues (whether from the pandemic or otherwise) that may be driving the surge in bankruptcy filings? What sectors of the business community are seeing the most bankruptcies? What common themes or patterns may be evident across these cases? What useful strategies or other lessons may be gleaned from examining these trends? (Also: Are similar trends in bankruptcy filings and bankruptcy drivers being seen in other countries?)
Related information:
https://www.cnn.com/2024/07/14/business/stocks-week-ahead-businesses-failing-bankruptcies/index.html
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The U.S. Supreme Court’s June 27 ruling in Harrington, United States Trustee, Region 2 v. Purdue Pharma; the ruling’s implications for OxyContin maker Purdue Pharma, the Sackler family, state and local governments, and victims of the nation’s opioid epidemic; more broadly speaking, what the high court’s decision means for third-party releases in general and for other bankruptcy cases.
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Cross-border restructurings; additional challenges for entities facing geographically complex situations; how best to prepare for the process. Consider whether to focus your analysis on specific countries or industry types, or whether to use a recent or noteworthy restructuring to illustrate do’s and don’ts that companies should keep in mind before or during the process.
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Rite Aid’s bankruptcy case. Among the possible points to explore: factors leading to its bankruptcy; what the bankruptcy filing means for opioid litigation against Rite Aid; key elements of Rite Aid’s restructuring plan; practical guidance on how to win a court’s approval of such a plan; additional complications for Rite Aid involving a recent cyberattack and the resulting theft of customer information. Alternatively or additionally, consider writing about bankruptcy trends within the pharmacy sector overall, trends driving pharmacy closures, customer rights and options regarding their prescription histories and future needs; and additional issues for pharmacy customers regarding insurance.
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A judge’s dismissal of former New York City Mayor Rudy Giuliani’s bankruptcy case; reason for the judge’s decision; what the loss of bankruptcy protection means for Giuliani, his creditors, and others; what this case may illustrate regarding obligations, best practices, and what to avoid when seeking bankruptcy protection; additional guidance (for either side of a bankruptcy case) on how to proceed when bankruptcy protection is denied.
Related information:
https://www.cnn.com/2024/07/12/politics/judge-dismisses-giuliani-bankruptcy-case/index.html
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The assets auction process in bankruptcies; when and how this is undertaken; related rights and obligations of parties to an auction; additional do’s and don’ts, or perhaps lessons from a cautionary tale.
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Intellectual property considerations that can arise in connection with a bankruptcy; IP-related issues a business owner should address prior to filing for bankruptcy; key processes, rights, or related options to know about; how the treatment of IP rights can vary according to the type of bankruptcy undertaken; insights from either a filer’s or a creditor’s perspective on protecting or claiming assets; business opportunities for other parties looking to leverage the intellectual property of a business that has undergone a bankruptcy.
Related information:
https://www.npr.org/2023/11/02/1209684529/retail-bankruptcy-authentic-brands-forever-21-shaq-reebok
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Bankruptcy trends within the restaurant industry; how the industry has fared since the pandemic; pandemic-triggered issues (supply chains, material costs, etc.) that may still be impacting the industry; related guidance on renegotiating leases or other contracts, the reorganization process, and more. Consider whether you want to focus your analysis on a particular country or region or restaurant type.
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Bankruptcy trends in the retail sector. How are retailers (nationally or in the jurisdiction of your choice) doing these days? What trends are you seeing, whether in terms of types of businesses filing for bankruptcy, factors contributing to the bankruptcies, prospects for stronger financial futures or innovative pivots for these companies, or other matters? What should suppliers and other affiliated entities be on the lookout for? And what are city leaders or other interested parties doing. or considering doing, to either assist the retail sector or to promote other types of businesses that might take their place in hollowed-out neighborhoods?
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A recent U.S. Supreme Court ruling involving bankruptcies and insurer rights; potential significance of the decision in Truck Insurance Exchange v. Kaiser Gypsum Company Inc.; types of bankruptcies most likely to be affected by the high court ruling.
Related information:
https://www.supremecourt.gov/opinions/23pdf/22-1079new_6536.pdf
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Conspiracy theorist Alex Jones’ request to convert his bankruptcy reorganization into a Chapter 7 liquidation; potential benefits of someone switching from a Chapter 11 bankruptcy to a Chapter 7 liquidation; under what circumstances this may be done and how; how the two options compare to each other; what else to know about their relative pros and cons; a conversion’s potential impact on other parties.
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Involuntary bankruptcies; how they may be initiated, by whom, and under what circumstances; limitations or potential downsides to forcing a debtor into bankruptcy; alternatives to an involuntary bankruptcy; what else to know about the involuntary bankruptcy process (from either a creditor’s or a debtor’s perspective).