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Insolvencies Involving Regulated Business and Government Contractors

Last updated on December 6, 2022

A significant portion of corporate bankruptcy cases involve regulated businesses, government contractors, and/or substantial claims by government creditors. Regulated industries include utilities, transportation companies, agricultural concerns, businesses utilizing public lands for various purposes, financial businesses, and many others. Government contractors are subject to procurement and other regulations unique to that field.

Regulatory obligations are less subject to modification in bankruptcy than financial obligations owed to creditors and so can powerfully influence the course of bankruptcy cases. The bankruptcy of a government contractor also differs from other cases, e.g., due to special procurement laws concerning bankruptcy and assignments. Additionally, governmental creditors have certain advantages, and their claims require special attention. They often are intertwined with regulatory issues that may impact the viability of the debtor business.

Birch Horton Bittner & Cherot attorneys have represented debtors, government creditors, and private creditors in these types of cases.  Birch Horton Bittner & Cherot has a Washington, D.C., office that focuses on regulatory matters, bankruptcy attorneys in both its Anchorage and D.C. offices, and attorneys who individually handle both regulatory matters and bankruptcy cases. If you have a particular troubled business in mind, please review both the Birch Horton Bittner & Cherot website page for the relevant regulatory specialty (e.g., government contracting, health care, telecommunications, natural resources, public lands, etc.) and our bankruptcy and restructuring pages.