On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the...more
INTRODUCTION - Part 1 of this distressed M&A series addressed the unique aspects of acquiring distressed companies as compared to financially healthy companies....more
INTRODUCTION - Part 1 of this Distressed M&A series addressed the unique aspects of acquiring distressed companies (as compared to financially healthy companies). So, are the distressed M&A aspects of this COVID-19 era...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), a lending program for small businesses pursuant to which up to 100 percent of the principal loan amount is...more
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, Public Law No. 116-136 (the “CARES Act” or the “Act”), the stimulus package designed to mitigate the widespread...more
Agricultural bankruptcies present special and specific issues. The nature of the collateral and the seasonality of the business present a host of questions that need to get answered in order to preserve any value in the...more
The term “small business debtor” originated in 1994 with Congress’s first attempt at a streamlined chapter 11 process for businesses that had insufficient assets to fund a typical bankruptcy reorganization....more
On August 1, 2019 the U.S. Senate passed the Family Farmer Relief Act of 2019, which more than doubled the debt limit for “family farmers” qualifying for relief under Chapter 12 of the U.S. Bankruptcy Code to $10,000,000. ...more
In a recent opinion, the Second Circuit Court of Appeals held that a seller licensed under the Perishable Agricultural Commodities Act (“PACA”) could not entirely setoff payables owed to a bankrupt PACA merchant against...more
One of the longest-standing regulations allowing for “dark money” in federal election law was invalidated by a recent federal court decision, meaning politically active nonprofit organizations that make independent...more
A sale of a business under Section 363 of the U.S. Bankruptcy Code or through Chapter 11 can provide the best possible title to the purchaser and may be an appropriate avenue for selected assets or complex and valuable going...more
8/23/2018
/ Bankruptcy Code ,
Bankruptcy Court ,
Buyers ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Free and Clear Transactions ,
Health Care Providers ,
Hospitals ,
Purchasers ,
Sale of Assets ,
Section 363 ,
Section 365 ,
Selling a Business ,
Successor Liability
In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more
4/13/2018
/ Actual Damages ,
Attorney's Fees ,
Bankruptcy Court ,
Best Practices ,
Creditors ,
Debtors ,
Disclosure Requirements ,
Electronic Filing ,
Federal Rules of Bankruptcy Procedure ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Patient Privacy Rights ,
Patients ,
Penalties ,
Personally Identifiable Information ,
Proof of Claims ,
Punitive Damages ,
Redaction ,
Request For Information ,
Sanctions
The U.S. Bankruptcy Court for the District of Delaware recently granted in part and denied in part dismissal in favor of the defendant car manufacturer in a fraudulent transfer adversary proceeding brought by the Chapter 11...more
North Carolina’s General Assembly has approved sweeping elections law changes. Making good on promises when Republicans assumed control of both the State House and Senate for the first time since Reconstruction, legislative...more