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Sheppard Mullin's Nota Bene

Aug 25, 2021

This episode was originally published on June 29, 2021 as Episode 132. 

The beginning of 2021 saw a decline in business bankruptcy filings, in contrast to the corona virus-related surge in filings witnessed in 2020. Will this trend continue? Or will bankruptcy filings pick up as more businesses struggle to recover from the effects of the pandemic? Joining me to explore the 2021 bankruptcy trends in the business world is bankruptcy attorney and expert Ori Katz. Ori shares his insight on the intricacies of business bankruptcies and the popular 363 bankruptcy sales.

Ori Katz is a partner and Practice Group Leader of the Finance and Bankruptcy Practice Group in Sheppard Mullin’s San Francisco office. Ori specializes in business bankruptcies and other aspects of insolvency law. He has represented debtors, individual creditors, creditors' committees, parties purchasing assets out of bankruptcy and parties involved in bankruptcy litigation. He has successfully reorganized companies in a wide range of industries, including real estate, retail, construction, biotech, telecommunications, media and the internet. He has also represented lenders in connection with receiverships, loan workouts, restructurings, foreclosures and borrower bankruptcies, and acted as receivership counsel in connection with various appointments. Ori is a frequent speaker on matters relating to bankruptcy and insolvency law.

What We Discussed in this Episode:

  • What are some of the high-level trends in business bankruptcy filings?
  • Which industries were greatly affected by the pandemic?
  • Will there be a “new normal” for businesses coming out of the pandemic?
  • A brief overview of the U.S. bankruptcy system
  • What is involved in a Chapter 7 bankruptcy filing? What about a Chapter 11?
  • Is there a litmus test that must be met prior to filing for bankruptcy?
  • What is a 363 bankruptcy sale and what is the process for this type of proceeding?
  • What is a “stalking horse bid” and how is it used in bankruptcy proceedings?
  • Is the stigma surrounding bankruptcies, specifically 363 sales, disappearing?
  • Is there an advantage to being a stalking horse bidder?


Ori's article on the same topic 

Contact Information:

Ori’s Sheppard Mullin attorney profile 

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