Insights

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

There are few things as daunting to a vendor or supplier as its counterparty’s bankruptcy. The likelihood of a significantly discounted recovery for goods and services provided and potential loss of a customer may have long-lasted impacts on profitability.  Even worse, however, is the prospect that payments received in good faith prior to a debtor’s bankruptcy filing may be at risk of recoupment. In this alert, we address the risk that such payments are voidable as preferential transfers. Section 547 of the Bankruptcy Code codifies the power of the debtor to recover payments that were made within the 90 days preceding the filing. Very generally, a debtor (or trustee) may recover any transfer that is (i) made to or for the benefit of a creditor (e.g., a payment or grant of lien), (ii) on account of antecedent debt (i.e., a debt already incurred), (iii) made while the debtor was insolvent, (iv) within the 90 days prior to the petition date (or one year for insiders), and (v) that enables the creditor to receive more that it would have in a liquidation. The parties’ respective intent is irrelevant.

During the first quarter of 2022, Crowell’s Bankruptcy, Restructuring, and Insolvency (BRI) team continued developing valuable blog content focused on the latest developments across the world of bankruptcy and financial restructuring both in the US and the UK. Our Restructuring Matters Blog tracks and evaluates significant developments on a number of issues and cases to keep readers updated on major bankruptcy decisions and trends, developments in best practices for various finance and restructuring strategies, and the potential impact of the major case decisions and trends for various business sectors.

Retail tenants are experiencing unprecedented difficulties stemming from the COVID-19 pandemic, including government shutdown orders for non-essential businesses and shelter-in-place rules that have virtually stopped all in-person shopping. Even as these restrictions are finally being relaxed to a limited degree, the dramatic effects of the pandemic will long be felt in the retail industry. This alert addresses just one of the consequences in the wake of COVID-19: the expected rise in bankruptcy filings by commercial landlords and, as a corollary, what retail tenants should do to protect their rights and seek available remedies when faced with a landlord’s bankruptcy.

This premier event will cover the most crucial issues facing commercial real estate finance from the CMBS and balance sheet lending perspectives as well as distressed investing and workouts.

CMSA is transforming into an organization built for the future, but still member-driven and still meeting the needs of the changing industry it serves, increasing transparency with a diverse group of members from across the commercial real estate landscape.

The 27th Annual Spring Meeting: Washington, DC like you have never seen it before! Located a few minutes from Capitol Hill, on the historic Potomac River, the Gaylord National Resort & Spa offers the most deluxe meeting and event space in the area and The American Bankruptcy Institute ("ABI") presents the best CLE and networking opportunities in the insolvency community.