Debtors' Handbook: Mastering the Bankruptcy Clause for Relief

How to Negotiate Bankruptcy Clauses in Contracts

Bankruptcy clauses can be negotiated to limit counterparties’ termination rights, preserve payment priority, and reduce financial disruption if insolvency occurs. Because many “ipso facto” provisions are restricted under U.S. bankruptcy law, careful drafting can still protect key remedies, set notice and cure periods, and allocate risk before a filing. This article explains common bankruptcy clause […]

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