June 8, 2022

A KEY CUSTOMER IS IN FINANCIAL DISTRESS. WHAT STEPS SHOULD YOU TAKE TO PROTECT YOUR BUSINESS?

Author: Timothy W. Brink

EDITOR’S NOTE: This article is the first in a series about how small and mid-sized businesses should deal with customers experiencing financial difficulties. Whether due to the impacts of pre-pandemic economic trends such as the shift in consumer spending toward e-commerce outlets, the effects of the federal and state governments’ responses to the COVID-19 pandemic,…

August 17, 2021

Third Circuit Rejects Triangular Setoffs as Not Satisfying Mutuality Requirement of § 553 of the Bankruptcy Code

Author: Timothy W. Brink

EDITOR’S NOTE: In this article from the American Bankruptcy Institute’s Unsecured Trade Creditors Committee Newsletter, Tim Brink discusses the Third Circuit’s decision holding that “triangular” setoffs are not permissible in bankruptcy and rejecting the argument that parties can contract around the requirement of strict bilateral neutrality. In its recent decision in In re Orexigen Therapeutics…

March 15, 2019

Delaware District Court Overturns Bankruptcy Court Decision Disallowing Unsecured Claim for Post-Petition Contractual Attorneys’ Fees

Author: Timothy W. Brink

EDITOR’S NOTE: In this article from the American Bar Association’s Business Law Today, Tim Brink considers the ramifications of the Delaware district court’s opinion overturning the bankruptcy court’s decision in the Tribune Media Co. bankruptcy and holding that section 506(b) of the Bankruptcy Code does not bar recovery of post-petition contractual attorneys’ fees on unsecured…

October 16, 2018

Creditors’ Rights and Restructuring

Our creditors’ rights and restructuring practice group is comprised of attorneys with extensive experience in all aspects of bankruptcy, restructuring, insolvency, and creditors’ rights matters. Our clients range from large public companies to closely-held businesses and individuals and include entities from throughout the Chicago area and across the country. While our firm is small, our…