News & Analysis as of

Bankruptcy Court Paycheck Protection Program (PPP)

King & Spalding

Texas Bankruptcy Court Recommends Denying Summary Judgment in Case Alleging Fraudulent Transfer of PPP Funds to Make Settlement...

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On May 16, 2024, the U.S. Bankruptcy Court for the Northern District of Texas recommended that the district court largely deny cross motions for summary judgment in an action by the liquidating trust for Fresh Acquisitions,...more

Jenner & Block

Recent Developments in Bankruptcy Law Update - July 2022

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Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more

Lowenstein Sandler LLP

How to Make a Good Impression in Bankruptcy Court

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How should a chapter 11 debtor’s financial information be presented to the bankruptcy court to create the best first impression? To give the court an accurate picture of the results of operations during Chapter 11 and for the...more

Patterson Belknap Webb & Tyler LLP

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

“Messrs. Woods and Wu are fraudsters,” Judge Christopher S. Sontchi declared in the opening salvo of his scathing opinion. According to the former Chief Judge of the U.S. Bankruptcy Court for the District of Delaware, Woods...more

Patterson Belknap Webb & Tyler LLP

Unqualified "Cares" Act Funds Can't Be Used To Pay Creditors

U.S. Bankruptcy Judge Craig A. Gargotta rejected a debtor’s attempt to use “CARES Act” funds, which it did not actually qualify for, to pay creditors in its chapter 11 case. BR Healthcare Solutions (the “Debtor”)...more

Snell & Wilmer

Bankruptcy Debtor Prevails Over SBA in District of Arizona PPP Loan Dispute

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The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small Business Administration (“SBA”) that was created as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES...more

McCarter & English, LLP

Chapter 11 Debtors With Confirmed Plans Are Now Eligible For PPP Loans

The Small Business Administration (SBA) published new guidance declaring Chapter 11 debtors with confirmed plans as eligible for Paycheck Protection Program (PPP) loans. The new guidance creates an exception to the SBA’s...more

Buchalter

Buchalter COVID-19 Client Alert: PPP Loans Now Available to Otherwise-Eligible Companies That Have Ended Their Bankruptcy...

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The Small Business Administration (“SBA”) has made an adjustment to its guidance to provide that entities which have concluded a bankruptcy proceeding are not, for purposes of PPP eligibility, considered in bankruptcy....more

Patterson Belknap Webb & Tyler LLP

Court Dismisses Bankruptcy Case to Enable Debtor to Seek a Paycheck Protection Loan

It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? Will a court dismiss the case so you can seek a loan?...more

Fox Rothschild LLP

When Subchapter V Management Misbehaves: “For Cause” Expansion Of A Subchapter V Trustee’s Management Duties

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Somewhere in our rough memories of high school science, we should recall the general principle that a gas will always expand to fill a given void. Although the Bankruptcy Code diverges markedly from scientific principles,...more

Foley & Lardner LLP

DOJ Exercised Leniency With a Borrower Who Self-Disclosed His Error on His PPP Loan Application

Foley & Lardner LLP on

Recently, the U.S. Attorney’s Office for the Eastern District of California settled a Paycheck Protection Program (“PPP”) fraud investigation with Slidebelts, Inc. and its owner Brigham Taylor not by arresting Mr. Taylor, but...more

Bowditch & Dewey

Rent Abatement, PPP Loans (Maybe), and Other Bankruptcy Relief in the Appropriations Act

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On December 27, 2020, the Consolidated Appropriations Act, 2021 became law. In addition to funding the government and providing coronavirus relief, the Act contains several intriguing amendments to the Bankruptcy Code. The...more

Roetzel & Andress

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

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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

Foley & Lardner LLP

Eleventh Circuit Finds SBA Can Deny Payment Protection Program Loans to Debtors in Bankruptcy

Foley & Lardner LLP on

The Eleventh Circuit recently affirmed the U.S. Small Business Administration's (“SBA”) rule that makes bankruptcy debtors ineligible for a Payment Protection Program (“PPP”) loan under the Coronavirus Aid, Relief, and...more

Foley & Lardner LLP

SBA Change of Control Guidance Does Not Work for Insolvent PPP Borrowers

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This article focuses on the recent “change of control” guidance issued by the SBA to its PPP lenders (the “Guidance”) and, more specifically, how that Guidance affects insolvent PPP borrowers when they need to sell assets. As...more

Amundsen Davis LLC

[Webinar] Preparing Your Business for Sale: A Checklist for Owners - November 12th, 10:00 am - 11:00 am CT

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Preparing to sell your business can be an overwhelming endeavor. A checklist of considerations for mergers and acquisitions (M&A) transactions can ease the burden. Join Bill Hackney and Carrie Keller on Thursday, November...more

Patterson Belknap Webb & Tyler LLP

Proposed Amendments to the CARES Act Would Expand Access to PPP Loans to Small Businesses in Chapter 11

The paycheck protection program (“PPP”) has been one of the most popular aspects of the CARES Act (i.e., the initial legislation responding to the COVID-19 pandemic). Yet, as has been widely reported, debtors in chapter 11...more

Burr & Forman

Bankruptcy Court Declares Prohibition Against Debtors in Bankruptcy from Participating in Paycheck Protection Program...

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In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in effort to provide support and economic relief to organizations and individuals during the Coronavirus pandemic. Pursuant to the...more

Nelson Mullins Riley & Scarborough LLP

You Down with PPP? Not (Necessarily) If You’re in Bankruptcy!

One of the landmark protections enacted by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was the Paycheck Protection Program (“PPP”). Under the PPP, small businesses (businesses with fewer than 500...more

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