Your customer has filed bankruptcy, leaving a series of unpaid invoices in its wake. While unfortunate, you chalk it up to one of the many costs of doing business and move on to landing bigger and better accounts....more
The U.S. Supreme Court issued a unanimous decision yesterday holding that a debtor may be barred from discharging a debt for money obtained by the fraud of a partner....more
On June 21, 2022, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Corrections Act”), which, in pertinent part, extends for two more years until June 2024, the...more
Marijuana and Zoning: Lack of Guidance Creates Unknowns…
On June 22, 2021, Governor Lamont signed Senate Bill 1201 into law. The bill, entitled “An Act Concerning Responsible and Equitable Regulation of Adult-Use...more
11/10/2021
/ Centers for Disease Control and Prevention (CDC) ,
Commercial Leases ,
Consumer Protection Commissions ,
Decriminalization of Marijuana ,
Department of Energy and Environmental Protection ,
Eviction ,
Governor Lamont ,
Land Use Restrictions ,
Marijuana ,
Marijuana Related Businesses ,
Moratorium ,
Municipalities ,
Releases ,
Remediation ,
Residential Leases ,
Retailers ,
State and Local Government ,
Zoning Laws
In 1993, Connecticut enacted a homestead exemption permitting an exemption in the equity in one’s home (primary residence) up to $75,000. This was significant at the time because Connecticut did not previously have any...more
In a 6-3 Ruling, the United States Supreme Court struck down late yesterday the recent CDC nationwide eviction moratorium as overreaching by the CDC and exceeding its authority. In Alabama Association of Realtors, et al. v....more
8/30/2021
/ Alabama Association of Realtors v Department of Health and Human Services ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Jurisdiction ,
Landlords ,
Moratorium ,
Public Health Service Act ,
Regulatory Authority ,
Relief Measures ,
Rent ,
Rental Property ,
Residential Leases ,
SCOTUS ,
Tenants
It is hard to believe we have passed the one-year anniversary of the COVID-19 crisis and the dramatic impacts it has caused on our lives, businesses and the economy (and continues to cause in many respects). However, as many...more
The Consolidated Appropriation Act of 2021 (“CAA”) enacted on December 27, 2020 bolsters the bankruptcy relief available to small businesses in several key ways. In June 2020, we outlined here ways in which the Small Business...more
1/15/2021
/ Bankruptcy Code ,
CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Consolidated Appropriations Act (CAA) ,
Debt Restructuring ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA)
The Small Business Reorganization Act (“SBRA”) took effect on February 19, 2020 to little fanfare. The new law was years in the making and intended to address a disconnect in the Chapter 11 process: small businesses that...more
Lenders have already begun, and will continue to face, difficult conversations with distressed borrowers who have been impacted by the coronavirus crisis (“COVID-19”). The following offers some practical considerations that...more
We are undoubtedly in uncharted and unprecedented times with the rapid spread of COVID-19 in the United States and around the world. Contractual relationships in virtually every business and industry have been impacted and...more
In chapter 11 bankruptcy cases, it is not uncommon for secured parties/lenders to provide a “carve-out” for various professional fees. Frequently there may be a “carve-out” for “all chapter 11 professionals” or the...more
The United States Court of Appeals for the Second Circuit issued a decision today in the case of OneWest Bank, N.A. v. Robert W. Melina, No. 15-3063 (2d Cir. June 29, 2016) holding that a national bank is a citizen only of...more
So you are chugging along with a foreclosure action (either on real and/or personal property) only to be stopped in your tracks by the borrower filing a voluntary Chapter 7 bankruptcy petition. The usual, immediate thought...more
Collections in Connecticut - how to get paid if you are owed money? Collecting money owed to you or your company can be frustrating. You or your company are owed money and have not been paid. What are your legal options? ...more
Collections in Connecticut - how to get paid if you are owed money? Collecting money owed to you or your company can be frustrating. When making a claim for damages in Connecticut, unlike in most other states, a plaintiff...more
Collections in Connecticut - how to get paid if you are owed money? Collecting money owed to you or your company can be frustrating. You or your company are owed money and have not been paid. What are your legal options? ...more
It always starts so easy. Borrower comes in and wants to borrow money. Lenders want some form of collateral to secure (potentially) a loan and the Borrower happily agrees to provide, or pledge, collateral to secure a loan. ...more
For secured lenders, a consumer debtor’s chapter 13 bankruptcy filing can be a mixed bag.
A chapter 13 bankruptcy petition often is utilized by a consumer debtor to avoid a foreclosure by allowing a debtor time (usually...more
It’s Getting Easier to do Business in Massachusetts -
Within his first several months in office, Governor Charlie Baker took steps to make Massachusetts a friendlier place to do business. On March 31, 2015, Governor...more
11/30/2015
/ Breach of Contract ,
Commercial Leases ,
Commercial Tenants ,
Damages ,
Fast-Food Industry ,
Landlords ,
Menu-Labeling ,
Option Contracts ,
Regulatory Reform ,
Restaurant Industry ,
Retail Workers ,
Wage and Hour ,
Waivers