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Free and Clear of Post-Petition Guarantor Liability—Not So Fast: A Bankruptcy Discharge May Not Apply to Post-petition Claims...

A somewhat common question that arises after a bankruptcy discharge is granted is whether post-petition liabilities are discharged under pre-petition agreements, like guaranties. To describe the issue in more digestible...more

Good Problems to Have: Recovery of Interest by Unsecured Creditors of a Solvent Chapter 11 Debtor

Imagine this: you sell a product to a company on credit at 8% interest until you are paid, and the company files for bankruptcy before repayment.  Or maybe you are a hard money lender that made an unsecured loan at 18% to a...more

Possession of a Debtor’s Property After a Bankruptcy Filing May…or May Not…Be a Stay Violation

A person in possession of a debtor’s property upon a bankruptcy filing now has more guidance from the Supreme Court as to the effect of the automatic stay. In City of Chicago, Illinois v. Fulton, 141 S. Ct. 585 (2021), handed...more

CARES Act Makes Small Business Bankruptcy More Accessible

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

PG&E Bankruptcy Threatens Power Purchase Agreements

Pacific Gas and Electric Company and PG&E Corporation (together “PG&E”) filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on...more

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