What is the best way to resolve disputes? We are lawyers, after all. We file lawsuits. Fair enough, but what then? The good old-fashioned way is to try the case, but that means risk; it is expensive in both dollars and lost time; and it is stressful. Moreover, after the judge or jury has spoken, [...]

Why negotiate?
Chapter 11 cases are invariably complex, multi-party cases. They all consist of a variety of mini – or not so mini – disputes. A few examples illustrate the point: cash collateral use disputes; lease and executory contract performance and assumption/rejection disputes; fraudulent transfer and preference recovery actions; automatic stay relief motions by all manner [...]

“The fundamental purpose of [Chapter 11 business bankruptcy] reorganization is to prevent a debtor from going into liquidation, with an attendant loss of jobs and possible misuse of economic resources.”