Bankruptcy Remoteness 101

Bankruptcy offers a financial reset for those overwhelmed by debt. The two main types, Chapter 7 and Chapter 11, serve different needs. Chapter 7 liquidates non-exempt assets to clear most debts quickly, while Chapter 11 allows businesses to reorganize and continue operating under court oversight. Knowing which fits your situation is key to regaining financial stability.

Independent directors safeguard bankruptcy remoteness across CMBS, ABS, project finance, CTL, and private credit. They protect cash flows, meet rating agency standards, and bolster lender confidence. SPE Specialists provides experienced directors who ensure structures remain compliant, credible, and resilient.

In structured finance, ratings live or die on deal structure. One element agencies often require for investment-grade, especially on $20M+ deals, is an independent director. Here’s why that role curbs bankruptcy risk, strengthens SPEs, and lowers financing costs, and how SPE Specialists helps issuers meet the mark.

Independent directors are widely used to help maintain bankruptcy remoteness, but is their power to block a bankruptcy filing truly enforceable? U.S. bankruptcy law is built on the principle that any eligible entity should have access to the protection of the courts when facing financial distress.