Privately, the signs are clear: A company faces financial distress, anxious creditors demand payment, and executives weigh an array of options from restructuring to dissolution. Publicly, however, the company's daily operations continue: Business deals are made, and investor funds continue to pour in - even though the company's officers know that the business is failing. Small wonder, then, that "deepening insolvency may be the holy grail of damage liability for plaintiffs seeking to recover losses through litigation," authors Kathy Bazoian Phelps and Prof. Jack F. Williams note. The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others is written from both the plaintiffs' and defendants' perspectives. It offers a historical analysis of the doctrine, its significance in calculating damages in a variety of liability scenarios, the interplay of the doctrine with fiduciary duties, and potential defenses that may be asserted to deepening insolvency allegations, as well as a state- by-state list of significant case law on this issue. The book will be an invaluable resource for any company executive juggling the competing demands of the troubled firm and its obligations to investors, as well as for litigators practicing on either side of the insolvency aisle.

If you were just appointed Chief Restructuring Officer of a distressed company, what would you need to know? The Chief Restructuring Officer's Guide to Bankruptcy is a detailed, step-by-step procedural guide for leading a troubled company through the restructuring process and delves into the issues that frequently confront the distressed company - and the CRO - during that process. It will help CROs - or anyone in a company leadership role who is thrust into a restructuring situation - navigate the complicated issues that can arise from day one, leaving them better equipped to determine if, or when, bankruptcy is the best option. The book then takes CROs through the bankruptcy planning process, focusing on the procedures they must follow from the onset of the case and the inherent legal issues that can arise, including bankruptcy reporting requirements, the risks and rewards that may be available to the debtor via litigation, the proper way to conduct a 363 sale, and how to formulate and implement a plan of reorganization. The Chief Restructuring Officer's Guide to Bankruptcy imparts the CRO with the necessary know-how to direct a distressed company through reorganization to arrive at the optimal outcome for the company, its creditors and its employees. Written by some of today's leading insolvency professionals, this book is a must-read for those about to take the reins of a restructuring company.