With many bankruptcy cases looming on the horizon as a result of the pandemic and the measures taken to contain it, prudent creditors are reacquainting themselves with their rights, including the right of reclamation....more
The recently enacted Small Business Reorganization Act ("SBRA") is available to help "small business debtors" with debts of no more than $2,725,625 (temporarily increased to $7,500,000 for one year by the CARES Act). Although...more
The Fifth Circuit has waded into the debate on whether the SBA must make Paycheck Protection Program ("PPP") loans available to debtors in bankruptcy, clearly answering "No."
The PPP, a central component of the...more
The “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) includes bankruptcy-specific provisions that provide enhanced relief for individuals and businesses that have been negatively impacted by the coronavirus...more
The coronavirus pandemic and the resulting abrupt halt to everyday life is causing severe economic damage to small businesses. Small business owners will need to consider all options to survive this downturn, including loan...more
The Small Business Reorganization Act of 2019 ("SBRA"), the Honoring American Veterans in Extreme Need ("HAVEN") Act, and the Family Farmer Relief Act were enacted into law on August 23, 2019. This alert summarizes these...more
1/17/2020
/ Amended Legislation ,
Bankruptcy Code ,
Bankruptcy Preferences ,
Chapter 11 ,
Chapter 12 ,
Chapter 13 ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Farms ,
Means Test ,
Small Business ,
Veterans
On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents.
The case, Town Center Flats,...more