Category Archives: Bankruptcy

What You Need to Know About “Alternative Dispute Resolution” in Corporate Bankruptcies

Bankruptcy cases, especially those involving business or corporations, can take years to finalize as the entities are restructured and assets are distributed. It is not unusual for many parties to be involved in bankruptcy proceedings, further adding to the complexity of the case. Bankruptcy courts are often backlogged due to the lengthiness of these trials. Alternative dispute resolution is gaining popularity in corporate bankruptcy cases. Alternative dispute resolution often provides faster, more efficient solutions; keeps the case in the hands of the parties; and reduces expenses. Both mediation and arbitration offer multiple benefits in corporate bankruptcy cases. For parties that... Read More

The Financial Institutions Bankruptcy Act of 2014

The U.S. House of Representatives spent Cyber Monday in session rather than online shopping. On December 1, 2014, the House passed H.R. 5421, aka the Financial Institutions Bankruptcy Act of 2014. The bipartisan bill was introduced in September. It received support from both sides of the aisle in the House as well as the support of the Federal Reserve, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency. If the bill receives approval by the Senate and the signature of the President, it would amend the Bankruptcy Code as it pertains to insolvent financial institutions by... Read More

Utilizing Bankruptcy Counsel Expertise

Housed in every federal courthouse there is an area devoted solely to the practice of bankruptcy law. Often the courtrooms and clerk’s office are in an obscure, hard to find back corner of the building. Bankruptcies are so unique they merit their own section in the Federal Rules of Procedure. Cases are generally assigned to judges who only deal with bankruptcies. As a Florida commercial business litigation attorney, you have probably visited the bankruptcy court. Perhaps you attended a 341 creditors’ meeting to represent a client trying to recoup any portion of a loss they were about to experience because... Read More

What Role Does a Business Bankruptcy Mediator Play?

There are many details to sort out when you’re in the midst of a business bankruptcy in Fort Lauderdale as an attorney, and you may have questions about the role of the mediator. Bear in mind that the mediator doesn’t actually hand down any decisions, which makes this a different process than litigation or arbitration. The mediator is instead appointed as a neutral third party who will try to help the parties and their counsel find a consensual resolution to disputed bankruptcy issues so that neither party has to go through litigation. The mediator’s role is to gain an understanding... Read More