Jason DeJonker Published in Chapter 11 Bankruptcy and Restructuring Strategies, 2012 Edition
“Strategy and Legal Issues in Chapter 11 Cases, Single Asset Real Estate Matters, and Bankruptcy Litigation”

Litigation partner Jason DeJonker was a contributing author for Chapter 11 Bankruptcy and Restructuring Strategies, 2012 ed.: Leading Lawyers on Navigating Recent Trends, Cases, and Strategies Affecting Chapter 11 Clients (Inside the Minds). In his chapter, Jason covered recent Chapter 11 bankruptcy trends, such as a reduction in mega-cases, the use of single asset real estate bankruptcy cases as leverage, massive fraud and Ponzi scheme cases, and hesitancy in seeking Chapter 9 relief. Other topics covered in the chapter include the impact of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), recent bankruptcy decisions impacting real estate bankruptcies and fraudulent transfer claims, and challenges and strategies in the current bankruptcy and workout markets. 

One of the key pieces of advice Jason offers is that of litigating to conclusion. “As everyone knows, trials are expensive, time-consuming matters for all parties,” Jason remarks. “While a trial may be expected in many types of commercial litigation, in the bankruptcy arena, parties typically settle the vast majority of adversary proceedings and contested matters before trial. Consequently, many traditional bankruptcy practitioners have limited experience trying cases, and their clients may have limited resources (monetary and otherwise) to commit to a trial. As a result, a willingness to try a case can create favorable settlement leverage. If the amount at stake is sufficient, preparing for trial may be the best way to create favorable leverage.”