The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this...more
1/8/2025
/ Back Pay ,
Bankruptcy Court ,
Compliance ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Layoffs ,
Notice Requirements ,
Risk Management ,
Unions ,
WARN Act
In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a...more
As discussed in prior posts and articles (here, here and here), in 2019 Congress passed the Small Business Reorganization Act creating new Subchapter V of Chapter 11 of the Bankruptcy Code. The purpose of Subchapter V was to...more
At the end of 2020, Congress enacted the Consolidated Appropriations Act, 2021, partially in response to the COVID-19 pandemic and resulting economic crisis. While funding the federal government and preventing a government...more
4/1/2021
/ Amended Regulation ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Property Owners ,
Commercial Tenants ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Debtors ,
Landlords ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business ,
State and Local Government ,
Tenants ,
Time Extensions
Translating to “now for then,” nunc pro tunc orders grant backdated relief. Such orders are common in bankruptcy cases. For instance, bankruptcy courts often enter orders retroactively approving retention of professionals,...more
IN BRIEF -
• The current economic decline caused by the COVID-19 pandemic will result in a surge of debtors in need of bankruptcy protection.
• Subchapter V to the rescue! Despite some burdens on debtors, the advantages...more
Effective February 19, 2020, Congress enacted new bankruptcy legislation granting debtors the option to elect a new subchapter V of chapter 11 of the bankruptcy code (Subchapter V). This was made possible by the bipartisan...more
Small businesses often struggle to reorganize in bankruptcy. To address this issue, Congress passed the Small Business Reorganization Act of 2019 (the SBRA). The SBRA took effect in February 2020 and makes small business...more
On Friday March 27, 2020, President Trump signed into law the third major piece of coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security Act (CARES). The new law...more
Small businesses often struggle to reorganize in bankruptcy. To address this issue, Congress passed the Small Business Reorganization Act of 2019. The act took effect in February 2020 and makes small business bankruptcies...more
Recently, the First Circuit held that a parent’s tuition payments on behalf of an adult child do not benefit the parent’s bankruptcy estate, and a Chapter 7 trustee may therefore claw the payments back as fraudulent...more
12/2/2019
/ Adversary Proceedings ,
Appeals ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Consumer Bankruptcy ,
Educational Institutions ,
Fraudulent Transfers ,
Reversal ,
Student Loans ,
Tuition
Since the 2005 amendments to the Bankruptcy Code, small business debtors have continued to struggle to reorganize effectively under Chapter 11 of the Bankruptcy Code. On Friday, August 23, 2019, President Trump signed the...more
Municipal bankruptcies under Chapter 9 of the Bankruptcy Code, 11 U.S.C. §§ 901-946 (Chapter 9), are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for...more
Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for...more
A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators,...more
9/20/2017
/ Affirmative Defenses ,
Appeals ,
Concurrent Litigation ,
Consumer Bankruptcy ,
Creditors ,
Financial Services Industry ,
Judicial Discretion ,
Judicial Estoppel ,
Mortgage Loan Originators ,
Mortgage Servicers ,
Stare Decisis