Certain Transactional Planning in, or in Relation to, Bankruptcy
This article is intended to address certain transactional issues that can come up in a bankruptcy proceeding or in relation thereto - specifically family asset protection vehicles, special purpose entities, sale lease-backs, and bankruptcy court ordered sale bidding procedures (including break-up fees). This article is here because it sets forth a number of issues to consider. However, because this area of the law is changing, this article is out of date, particularly with respect to whether any protections are provided by single member limited liability companies or separate, but related, entities that in fact work together, particularly through cross-guaranties and cross-collateralizations.
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