Recent Blog Posts
Understanding “Section 363 Sales” in Chapter 11 Bankruptcies
As a general rule, companies that are seeking to reorganize their debts under Chapter 11 must continue to operate in the ordinary course of business. Among other things, this means that they generally cannot sell assets that they would not otherwise sell. However, Section 363 of the U.S. Bankruptcy Code provides a key exception,… Read More »
Landlord-Tenant Issues in Business Bankruptcies in South Florida
When a commercial landlord or tenant files for bankruptcy, both parties need to be careful to protect their rights during the bankruptcy process. While protections are afforded to both parties in this scenario, landlords and tenants must be equally proactive in leveraging those protections. In South Florida, engaging an experienced Miami business bankruptcy attorney… Read More »
10 Key Considerations When Targeting an Early Settlement in a Commercial Dispute
When facing a commercial dispute, efficiently achieving a favorable resolution is generally the best-case outcome. Not only does this minimize the costs of the dispute resolution process, but it also reduces disruptions to your business and allows you to refocus on managing your company’s day-to-day operations and increasing its long-term profitability. But before you… Read More »
Business Divorce: Key Considerations for Bringing Your Partnership to an End
When business partners decide to go their separate ways, making informed decisions about how to end their partnership is key to protecting the interests of all parties involved. In many cases, this will include not only the interests of the individual partners but also the interests of the partnership’s employees, creditors, and clients or… Read More »
Rejecting Executory Contracts in a Chapter 11 Bankruptcy: Key Legal and Practical Considerations
While the primary focus of the Chapter 11 bankruptcy process is restructuring a company’s debts so that it can meet its payment obligations on an ongoing basis, companies also have the ability to reject certain contracts during the process. Rejecting executory contracts can relieve companies of their ongoing payment obligations—and help preserve their financial… Read More »
When Is (and Isn’t) Debtor-in-Possession Financing a Good Option?
For companies with more debt than they can afford, reorganizing through the Chapter 11 bankruptcy process can help them regain financial stability and build toward a profitable future. When necessary, debtor-in-possession (DIP) financing can serve as a financial bridge between a company’s pre-bankruptcy financial struggles and the end of the reorganization process. So, when… Read More »
Defending Against Negligence Claims: Key Strategic Considerations for South Florida Businesses
Negligence claims can present substantial liability risks for South Florida businesses. This includes negligence claims filed by both individuals and other businesses, as well as claims related to everything from car accidents and building collapses to dangerous products and substandard services. In all cases, a strategic defense is critical, and it starts with engaging… Read More »
Subchapter V vs. Chapter 11: Which Option Should Small Businesses Choose?
Most businesses that need to reorganize their debts to regain financial stability have two primary options: file under Subchapter V or Chapter 11. While Subchapter V has been part of the U.S. Bankruptcy Code since 2019, it remains relatively unknown. However, filing under Subchapter V will be the best option for many qualifying businesses,… Read More »
Considering Chapter 11: Key Post-Filing Mistakes to Avoid
Reorganizing a company’s debts under Chapter 11 requires an informed and strategic approach. This applies at all stages of the process. If business owners and executives aren’t careful, they can make mistakes that can have serious financial consequences—including mistakes that can threaten their company’s ability to successfully pursue reorganization in some cases. Learn more… Read More »
Subchapter V Debt Limit in 2026: Is Your Business Eligible to File?
Subchapter V of the U.S. Bankruptcy Code allows qualifying small businesses to reorganize their debts without going through the full Chapter 11 reorganization process. The Subchapter V “small business bankruptcy” process significantly reduces time and costs, as it eliminates many of the more burdensome requirements that apply in traditional Chapter 11 cases. Learn more… Read More »