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Extension of the Subchapter V Aggregate Debt Limit Under the Bankruptcy Threshold Adjustment and Technical Corrections Act

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

Bankruptcy Relief for Small Businesses Under Latest Stimulus Bill

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

Chapter 11 Reforms Provide Small Business Owners a Faster and Cheaper Way to Keep Control and Reorganize in Troubling Times

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

So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All

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

Dot Your “I”s and Cross your “T”s: When It Comes to Perfecting Your Security Interest

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

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