The Small Business Reorganization Act (“SBRA”), which became effective February 19, 2020 after being signed into law in August 2019, created a new Subchapter V of Chapter 11 of the Bankruptcy Code with a stated purpose “to...more
12/2/2020
/ Amended Regulation ,
Bankruptcy Code ,
BAPCPA ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Creditors ,
Economic Stimulus ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Rules of Civil Procedure ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA) ,
Unsecured Debt
Despite growing public acceptance of marijuana and the wide-spread passage of state laws legalizing marijuana for medicinal and even recreational purposes, marijuana remains a criminal offense under federal law which presents...more
1/9/2018
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 13 ,
Chapter 7 ,
Commercial Bankruptcy ,
Consumer Bankruptcy ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses
Under section 503(b)(9) of the Bankruptcy Code, a creditor may recover as a priority administrative expense the value of goods sold to the debtor in the ordinary course of its business that are “received” by the debtor within...more
The Bankruptcy Court for the Western District of Pennsylvania has recently held that a pre-petition foreclosure of a debtor’s real property, conducted in accordance with state law, is not subject to attack as a preference...more
The TransVantage bankruptcy case and the resulting efforts by the Trustee to avoid carrier payments made by the defunct freight payment processor has been watched like an upcoming speed trap by the transportation industry...more
In the first installment of this article, we discussed the prevalence of preference litigation and some of the commonly-available defenses to business vendors to limit or even eliminate liability to the bankruptcy estate....more
The Third Circuit Court of Appeals recently affirmed the decisions of the District and Bankruptcy Court denying, for reasons of inadequate disclosure, the approval of a third-party release provision in the Chapter 11 plan of...more
6/8/2015
/ Bank of New York (BNY) Mellon ,
Bonds ,
Chapter 11 ,
Class Action ,
Commercial Bankruptcy ,
Debt ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Statements ,
Injunctions ,
Negligence ,
Reorganizations ,
Settlement Agreements ,
Third-Party Release Agrements