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    Andrew M. Troop

    Andrew M. Troop

    T: +1.212.858.1660 F: +1.212.973.7435
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    December 2016
    Two Health Care Providers’ Critical—Yet Curious—Search for Bankruptcy Court Jurisdiction
    Source: American Bankruptcy Institute Journal
    Authors: Patrick J. Potter, Andrew M. Troop
    Two recent decisions reached completely opposite results about whether disputes affecting the fate of a health care debtor’s business operations (not to mention patient care and treatment of creditors) might be litigated and resolved in the bankruptcy courts. Both decisions turned in large part on the interpretation of statutory provisions that are not models of clarity. Although these differing results might be explained in part by the specifics of the disputes and their procedur- al postures, the decisions are instructive to future health care debtors aiming to continue operations while availing themselves of chapter 11’s perceived hospitable and speedy dispute-resolution process.
    When May Antitrust Not Stop a Health Care Combination? When a Court Decides other Federal Law May Compel It.
    Source: LinkedIn
    Author: Andrew M. Troop
    [The Court’s] determination reflects the healthcare world as it is, and not as the FTC wishes it to be. We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels institutions to seek alliances such as the Hospitals intend here. Like the corner store, the community medical center is a charming but increasingly antiquated concept. It is better for the people they treat that such hospitals unite and survive rather than remain divided and wither.
    New York Bankruptcy Court Authorizes Rejection of Midstream Contracts
    Authors: Andrew M. Troop, Christopher R. Mirick, Samuel S. Cavior
    Bad news for midstream counterparties of bankrupt oil & gas producers: you may not be able to rely (as much as you might have expected) on covenants “running with the land” to save your contracts from rejection in bankruptcy.
    Can Competition Produce Less for Creditors?
    Source: LinkedIn
    Author: Andrew M. Troop
    Working with distressed businesses always presents a wide array of challenges. Solving a distressed company’s problems, or your problems with it, rarely is limited to a single legal discipline, set of laws or state or federal policy. When a distressed enterprise is involved, all kinds of interests and policies can and do clash.
    November 2014
    Health Care Financing Trends: What Do They Foreshadow?
    Source: American Bankruptcy Institute
    Author: Andrew M. Troop

    This article first appeared in the American Bankruptcy Institute, November, 2014.

    This article explores some current health care financing trends and speculates on what they may portend for work in a health care restructuring professional’s “pipeline.”1 While there are many kinds of health care enterprises on which to focus, we have chosen two to single out as representing the likeliest restructuring possibilities in the foreseeable future: (1) hospital facilities, systems and networks; and (2) residential facilities that are designed to attract more mature, senior-living populations, generally known as Continuing Care Retirement Communities (CCRCs). Before we analyze current trends in the financing of these businesses, the current state of these two types of health care endeavors needs to be explored to provide an overview of their current travails, concerns that point to restructuring possibilities several years down the road.
    In Destabilizing Decision for Secured Lenders, 11th Circuit Reverses TOUSA District Court
    Authors: Andrew M. Troop, Brandon R. Johnson
    On May 15, 2012, the Eleventh Circuit Court of Appeals issued a fraudulent transfer ruling in TOUSA, Inc.'s chapter 11 case with wide-ranging implications for the financing community. As discussed herein, this decision weakens protections for secured lenders, especially when extending credit to distressed borrowers.

    Issues Facing Patient Care Ombudsmen
    Source: American Bankruptcy Institute Journal
    Authors: Andrew M. Troop, Joseph Zujkowski
    Diagnosing Medical Malpractice Coverage and Treatment in Health Care Chapter 11s: Part II
    Source: American Bankruptcy Institute Journal
    Author: Andrew M. Troop
    Diagnosing Medical Malpractice Coverage and Treatment in Health Care Chapter 11s: Part I
    Source: American Bankruptcy Institute Journal
    Author: Andrew M. Troop
    Reorganizing with Value but Without Profit (or Equity): Select Confirmation Issues for Nonprofit Entities
    Source: Norton Journal of Bankruptcy Law and Practice
    Authors: Andrew M. Troop, Joseph Zujkowski
    Happy (?) New Year: 2009, Retailers and Bankruptcy
    Source: The Bankruptcy Strategist
    Authors: Andrew M. Troop, Christopher R. Mirick

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