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Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Chicago v. Fulton

On January 14, 2021, the U.S. Supreme Court decided Chicago v. Fulton, holding that mere retention of a debtor’s property after the filing of a bankruptcy petition does not violate the automatic stay provided by §362(a) of...more

Farella Braun + Martel LLP

Bankruptcy Provisions in COVID Relief Legislation Impacting PPP Loans, Commercial Leases and Preference Claims

With the COVID-19 pandemic stretching on into another year, businesses continue to experience adverse effects. Bankruptcy filings, especially among retailers, were higher than average in 2020, and it is likely that more...more

Hogan Lovells

Doing business in the United States

Hogan Lovells on

The U.S. is one of the easiest jurisdictions in the world in which to do business1 . 1 Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much...more

Bradley Arant Boult Cummings LLP

Bankruptcy Court Upholds Foreclosure Sale That Occurred Between Bankruptcy Case Dismissal and Subsequent Reinstatement

Frequently, borrowers file for bankruptcy at the 11th hour to halt foreclosure sales. Once a petition for bankruptcy relief has been filed, secured creditors must cease their collection efforts to avoid violating the...more

Patterson Belknap Webb & Tyler LLP

Delaware Bankruptcy Court Issues Decision on Whether a Debtor Can Be a “Financial Participant”

We have blogged previously about section 546(e), the Bankruptcy Code’s safe harbor for certain transfers otherwise subject to avoidance as preferences or fraudulent transfers. See 11 U.S.C. § 546(e). Among the transfers...more

Dorsey & Whitney LLP

Borrowers and Banks Beware: The New Year Brings the Nation’s First False Claims Act Settlement for Paycheck Protection Program...

Dorsey & Whitney LLP on

On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more

Dorsey & Whitney LLP

The Supreme Court - January 14, 2021

Dorsey & Whitney LLP on

Chicago v. Fulton, No. 19-357: Under the Bankruptcy Code, filing a bankruptcy petition creates a bankruptcy estate and also operates as a stay on any entity’s efforts to collect from the debtor outside the bankruptcy forum....more

Murtha Cullina

Bankruptcy Relief for Small Businesses Under Latest Stimulus Bill

Murtha Cullina on

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

FTI Consulting

Beyond the Obvious Upheaval, 2020 Was a Year of Huge Contrasts

FTI Consulting on

It’s safe to say that most Americans were happy to close the book on 2020, with the possible exception of stock traders and investment bankers. The New Year will still present more than its share of unique challenges,...more

Kelley Drye & Warren LLP

Commercial Landlords Take Note – COVID Relief Bill Contains Important Bankruptcy Code Amendments

The much-ballyhooed COVID relief bill passed by Congress at the end of last year, in addition to providing for $600 checks to millions of people, includes several COVID-related amendments to the U.S. Bankruptcy Code. Some of...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Rules Bankruptcy Code Does Not Permit Extended Rent Holiday for Retail Debtors

A recent Chuck E. Cheese decision denies the debtor’s/tenant’s request to defer paying rent after the 60-day “rent holiday.” The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent...more

Allen Matkins

Consolidated Appropriations Act Provides Bankruptcy Preference Liability Protections for Landlords

Allen Matkins on

The Consolidated Appropriations Act of 2021 (Public Law 116-260) (the Act) contains an important change in bankruptcy law beneficial to landlords of nonresidential properties. Among several amendments to the Bankruptcy Code...more

King & Spalding

PPP Round Three: Second Draws and Second Chances

King & Spalding on

On December 27, 2020, Congress passed the Economic Aid Act, another COVID-19 relief bill with changes to the Paycheck Protection Program (“PPP”) and the opportunity for many PPP loan recipients to apply for a second loan,...more

Buchalter

Buchalter COVID-19 Client Alert: Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments...

Buchalter on

In the recently-passed Consolidated Appropriations Act, 2021 (the “Act”), Congress provided much-needed cover for landlords that enter into forbearance agreements with their tenants during the COVID-19 pandemic by protecting...more

Seyfarth Shaw LLP

Consolidated Appropriations Act, 2021—Key Provisions Affecting the Real Estate Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 21, 2020, Congress passed the $2.3 trillion Consolidated Appropriations Act, 2021, H.R. 133 (the “Act”), which combined the $1.4 trillion omnibus spending bill for the 2021 federal fiscal year...more

Miles & Stockbridge P.C.

Federal Consolidated Appropriations Act Alters Commercial Landlord Rights Under Bankruptcy Code

The Consolidated Appropriations Act of 2021 (CAA) was signed into law on December 27, 2020, after receiving overwhelming bipartisan support. The Act, in addition to providing appropriations for various government departments,...more

Rivkin Radler LLP

The Title Reporter – Winter 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s...more

Bradley Arant Boult Cummings LLP

Four Significant Changes to Consumer Bankruptcy Included in the Consolidated Appropriations Act, 2021

On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA 2021). Similar to the March 2020 CARES Act, several temporary changes to the Bankruptcy Code are included in Title X of the CAA 2021. Below,...more

Arent Fox

Impacts of Stimulus Legislation on the Bankruptcy Code: Debtor Eligibility and Preference Exceptions

Arent Fox on

The recently-passed Consolidated Appropriations Act, 2021 (the “CAA”) augments the CARES Act by expanding the existing Paycheck Protection Program (“PPP”) and adding additional stimulus programs in an attempt to lay some...more

Proskauer - Minding Your Business

Navigating Chapter 11 Reorganizations during COVID-19: New Complications or Business as Usual?

In the best of times, a chapter 11 reorganization is an uncertain and stressful process for all involved. When the disruptive effects of COVID-19 are added to the mix, and many businesses face significant economic...more

Chambliss, Bahner & Stophel, P.C.

Risk of Preference Action Lowered for Commercial Landlords and Suppliers Facing COVID-19 Collection Challenges

Congress provides flexibility for negotiations without worry of preference action in bankruptcy. The new COVID-19 relief act includes an important but temporary change to bankruptcy preference actions. The change should...more

Roetzel & Andress

The Eleventh Circuit Decides That Chapter 11 Debtors In Possession Cannot Receive Loans Under The Paycheck Protection Program...

Roetzel & Andress on

As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow...more

McDermott Will & Emery

Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States

Promptly, quickly and orderly are the three watchwords when it comes to restructurings. Efficient tools for out-of-court restructuring are instrumental in preserving value. Darren Azman, Dr. Uwe Goetker and Ravi Vohra...more

McDermott Will & Emery

French and US Bankruptcy Sales Compared

For global creditors, bidders and other interested parties, the jurisdictional differences in bankruptcy proceedings is an issue that should not be ignored. Dissimilarities in US and French bankruptcy law necessitate a keen...more

McDermott Will & Emery

The Evolution of Cross-Border Restructuring Processes

It’s a small world, and particularly for global companies considering restructuring. Transactions rely increasingly on international synergies. Are you up to date on the details of cross-border processes? Mark Fine, Bradley...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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