Parties often include bankruptcy and insolvency provisions in their agreements to protect themselves should the contract counterparty file for bankruptcy or take other insolvency-related steps. While many of these provisions are boilerplate, their common inclusion in contracts does not mean they will be enforceable in a bankruptcy.

This article will discuss the various bankruptcy and insolvency provisions and their enforceability in bankruptcy and other insolvency related actions. To access this article and read other insights from our Creditor’s Rights Toolkit, please click here.