Bankruptcy & Restructuring

Bankruptcy & Restructuring

Richard M. Bendix, Jr., Noel Susberry | Dykema Gossett PLLC

Sections 548(a)(1)(A) and (B) of the Bankruptcy Code (the “Code”) give a bankruptcy trustee the power to avoid intentional and constructive fraudulent transfers.[1] Section 546(e) of the Code prevents a bankruptcy trustee from recovering a variety of transfers, including ones that...

Bankruptcy & Restructuring

Gabriel A. Morgan | Weil, Gotshal & Manges LLP

As a company turns in the widening gyre of financial distress, its directors and officers are often confronted with situations that require them to make difficult decisions. Should things fall apart, those decisions may give rise to claims that directors or officers breached their fiduciary...

Bankruptcy & Restructuring

Gregory Jones | Dykema Gossett PLLC

Introduction Mao Tse-tung once commented that “the only real defense is an active defense.” In other words, when confronted with aggressive behavior, a party should respond by counterattacking and taking the offensive. By going on the offensive, a person can destroy the aggressor...