The year was 1978. A new bankruptcy code hit the books, and suddenly, the playbook for American business failure was rewritten. 47 years later, we're still living in its shadow. John Melko is a seasoned restructuring attorney and partner of Foley & Lardner and has watched bankruptcy courts evolve from its reformist roots to the high stakes, high cost beast it is today. In this episode, John helps us unpack the rise of Chapter 11, the potential fall, the industries it has failed, and the billion dollar burn rate it now takes just to go broke. This isn't theory; it's the hard truth behind corporate collapse.
Key Insights & Timestamps:
[00:00] Podcast begins
[01:53] Where Did We Start? John’s history with the Bankruptcy Reform Act
[11:25] What Will Chapter 11 Do For Me? The expensive process of bankruptcy litigation
[23:36] Do You Know What You’re in For? Experienced vs inexperienced bankruptcy clients
[34:13] What About Venue? Why lawyers & corporations play the location game
[46:11] How Expensive to File? Billing rates & the billion dollar reputation of business cases
[01:05:48] Are There Going to be More Bankruptcies? The next cycle of failures to come
Guest Spotlight:
John Melko
John Melko is a partner with Foley & Lardner LLP. His practice focuses on complex sales, acquisitions, bankruptcies, and financings in the energy sector throughout the United States, as well as shipping-related issues in both foreign and domestic cases and financings. John has years of cross-border and multinational experience with oil and gas exploration and production, refining and marketing, airlines, telecommunications, electric utilities, manufacturing, retail, rig and ship finance, mass torts, and asset-backed securities.
Throughout his career, John has helped guide clients through dislocations in the energy, shipping, telecommunication, real estate and health care markets, utilizing chapter 7, chapter 11, and chapter 15 procedures. John also serves as co-chair of the firm's Bankruptcy & Business Reorganizations Practice and vice-chair of the firm’s Oil & Gas Industry Team.
Key Takeaways:
Billion Dollar Broke: John doesn’t shy away from the expensive reality of Chapter 11: it's going to cost your company a lot of money. “You have to think of a chapter 11 filing like a lawsuit,” John says. “The thrust here is going to be to get your company in, reorganize it quickly, and get it out.”
Running the Math on Rates: For a Chapter 11 case, John has had to turn clients away because the cost of training, overhead, and associates for a bankruptcy case can be so high. “The cost of the hourly rate and the number of lawyers that are put on has gotten very high,” John explains. “In the real big cases, you're gonna need a lot of different disciplines. I've been in depositions where there have been eight lawyers from the same firm.”
Crystal Ball of Bankruptcy’s Future: When the future comes knocking, John believes that more failures are on the horizon. “There are industries that are import dependent that will be hit hard,” John hypothesizes. “They will have tariff issues, interest rate issues, consumer issues.”
Resources Mentioned:Foley & Lardner LLP | foley.com
Connect with John Melko:
• https://www.linkedin.com/in/john-melko-82b1899a/
For More Information:
Produced by Speakerbox Media. For more, visit https://www.macco.group/news
Call to Action:
If you want the unfiltered truth behind corporate collapse — and the lessons hidden in the fine print of Chapter 11 — hit follow on Reviving Giants. Share this episode with a colleague in finance, law, or operations, and join the conversation on where bankruptcy law is headed next.
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