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A newsletter from West providing Westlaw® search tips for corporate counsel and staff
Winter 2009
Your Business Clients Are in the Red; Are You in the Dark?
Use Westlaw for guidance if companies you do business with are edging toward bankruptcy.
Bankruptcies are up, and in 2009 business bankruptcies are expected to increase in a major way. You want to know what to do if any of your suppliers or vendors are on the verge of bankruptcy.
The three databases listed below will get you started.
- The BNA Corporate Practice Portfolios: Protecting the Corporate Creditor Under the Bankruptcy Code database (BNACPS-PCC) contains the text of BNA's Portfolio No. 80, which discusses the legal issues that corporate creditors must deal with when doing business with debtors who are in bankruptcy or are considering filing for bankruptcy. Topics covered include the automatic stay; the use, sale, or lease of the property of a debtor's estate by a trustee; the extension of credit to a debtor after a bankruptcy filing; the assumption or rejection of executory contracts or unexpired leases by a debtor's estate; the filing of claims; the procedures for a creditor to object to the discharge of a debt; and the doctrine of substantive consolidation; and the role of creditors in the reorganization plan of a debtor under Chapter 11.
There is no table of contents for this database, but if you run a Terms and Connectors search using the term creditor, you can scroll through the 25 documents in the result list.
The Corporate Counsel's Guide to Bankruptcy Law database (CCGBKRL) contains the full text of the Corporate Counsel's Guide to Bankruptcy Law, which addresses the many facets of bankruptcy law and answers questions in a wide range of bankruptcy-related areas. The treatise covers a broad range of issues, including commercial leases, preferential transfers, reclamation claims, administrative expenses, involuntary petitions, executory contracts, and rejection of collective bargaining agreements.
You can use the Table of Contents service to browse the contents of CCGBKRL.
- The Strategic Alternatives for Distressed Businesses database (STALTDB) contains the full text of Strategic Alternatives for Distressed Businesses (current through the 2008 edition), Jonathan Friedland's guide to solutions for financially troubled companies. Friedland devotes a chapter to each of the following:
- business bankruptcy
- compositions with creditors
- exchange offers
- assignments for the benefit of creditors
- real estate workouts
- federal court receiverships
You can use the Table of Contents service to browse the contents of STALTDB.