Bankruptcy practice in the US had undergone significant changes from the days of debtor's prison, to an era of restructuring, following by a post-BAPCPA bias towards liquidations and sales. Can small and medium sized business enterprises survive?

1. © 2015 Fox Rothschild
Trends in Bankruptcy &
Bankruptcy Alternatives
Mette H. Kurth
April 2, 2015

2. The Gold Old Days….
DEBTOR’S PRISON DEBTOR PROTECTION
1. Common law / state laws
2. Several short-lived federal
bankruptcy laws
3. The Bankruptcy Act of 1898

3. CA Penal Code §1205[6]
Jail time option for court imposed debt…

4. 1978: Bankruptcy as
“Emergency Room Law”

5. CHAPTER 7: LIQUIDATION

6. CHAPTER 11: REORGANIZATION

7. Is the Cure
Worth the
Cost of
Treatment?

8. 363 Sales &
Bankruptcy
Auctions

9. The Bankruptcy Abuse & Consumer
Protection Act of 2005

10. BANKRUPTCY
ALTERNATIVES

11. ABC’s: Assignments for the
Benefit of Creditors

12. Article 9
“Friendly”
Foreclosure

13. Receiverships

14. The ABI Commision:
Preserving Equity for Small &
Medium Sized Enterprises
(SME’s)

15. Mette H. Kurth
310.228.4402
mkurth@foxrothschild.com