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Free Falling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor Nelson, Eric Rudenberg, Jonathan Squires
Free Falling With A Parachute That May Not Open: Debtor-In-Possession Financing In The Wake Of The Great Recession, Jarrod B. Martin, Kristofor Nelson, Eric Rudenberg, Jonathan Squires
Jarrod B Martin
Debtor-in-possession (DIP) financing is one of the most important building blocks of a Chapter 11 bankruptcy case. The recent economic downturn, however, has frozen the DIP financing market. Absent the financing necessary to reorganize, many companies will be forced to liquidate. Who will fill the void in DIP financing as banks exit the market? This note seeks to explore alternative options—local banks, the government, and private equity or hedge funds—that may fill the vacuum left by the banks, and the risks and rewards associated with DIP financing. As these alternate institutions go forward, the landscape of DIP financing may forever …
A User's Guide To Bankruptcy Mediation And Settlement Conferences, Jarrod B. Martin
A User's Guide To Bankruptcy Mediation And Settlement Conferences, Jarrod B. Martin
Jarrod B Martin
In few areas of law does mediation provide as many benefits as it does in bankruptcy. Pushed by a drastic increase in the amount of bankruptcy filings, the need to streamline bloated dockets, and hopes of reducing the increasingly high cost of bankruptcy litigation has forced bankruptcy judges and attorneys to seek out and employ various methods of alternative dispute resolution. If used correctly, alternative dispute resolution can reduce the strain on both the over-burdened court system and litigants’ monetary bottom-line by providing fast and inexpensive ways to avoid traditional bankruptcy litigation. This paper provides a practical roadmap for practitioners …