You represent the unsecured creditors committee in a complex Chapter 11 case, where you have reason to believe that the debtor’s officers and directors have, and continue to, engage in self-dealing and are breaching their...more
3/14/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Breach of Duty ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Evidence ,
Evidentiary Standards ,
Fiduciary Duty ,
Forensic Examination ,
Self-Dealing ,
Subject Matter Experts (SMEs) ,
Trial Practice Guidance
In February 2022, I wrote a blog article entitled Cross-Border Bankruptcy Cases: Chapter 15 of the Bankruptcy Code and Parameters of a Discovery Tool. Since the publication of that article, there have been approximately 40...more
Procedure -
Chapter 15 of the United States Bankruptcy Code was enacted in 2005 and represents the United States’ adoption of the “Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing...more
2/8/2022
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 15 ,
Comity ,
Commercial Bankruptcy ,
Creditors ,
Cross-Border ,
Debtors ,
Discovery ,
Foreign Bankruptcies ,
Insolvency
The debate rages on. Presently, a debtor can file for bankruptcy relief in any district (1) in which it is incorporated, maintains a residence, has its principal place of business, or principal assets or (2) in which the...more
Commercial borrowers across the state of Florida continue to grapple with liquidity issues in the wake of the COVID-19 pandemic. Most industries have experienced a sharp decline in revenue over the last several months, and,...more
Debtors in bankruptcy, including hospitals and skilled nursing facilities, left out under the CARES Act PPP - On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, the $2.2 trillion...more
Companies with Debt Up to $7,500,000 Now Eligible for Relief -
The primary purpose of the new CARES Act is to provide emergency financial and health care assistance to individuals, families, and businesses that are...more
4/2/2020
/ Bankrtupcy Confirmation Plans ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Coronavirus/COVID-19 ,
Creditors ,
Debtors ,
Financial Institutions ,
Lenders ,
Reorganizations ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA)
Nelson Mullins will host a webinar on topics related to the COVID-19 outbreak on March 26. Topics to be presented:
- Business Continuity, Force Majeure, and Potential Defenses to COVID-19 Related Contractual...more
3/23/2020
/ Borrowers ,
Business Continuity Plans ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Creditors ,
Crisis Management ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Force Majeure Clause ,
Infectious Diseases ,
Lenders ,
Performance Standards ,
Webinars