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.

101 Via Mizner Bankruptcy Ends in Fire Sale. Sold for $235M, well below the non-bankruptcy reported value and and Grant Cardone, which will be merging this asset with a $100MM bitcoin fund with a planned condo exit

When lenders require a bankruptcy-remote structure in a structured finance transaction, the inclusion of an independent director isn’t optional, it’s essential. But how exactly are these directors appointed? And what qualifies someone to take on this critical role?

Six months of legal battles, uncertainty, and value destruction, all avoidable with proper governance structures in place. In volatile markets, independent directors are insurance against exactly this scenario.

Independent Directors are individuals who are unaffiliated with the borrower or its corporate group and are appointed to serve on the board or governing body SPE.

What Is Bankruptcy Remoteness and Why Does It Matter? In the world of structured finance, risk isolation is everything. When lenders and investors commit capital to a transaction, they need certainty that their investment won’t be swept up in someone else’s financial troubles. That’s where bankruptcy remoteness comes in—a legal and structural safeguard that helps protect assets from the fallout of corporate insolvency.