News & Analysis as of

Chapter 12

Hendershot Cowart P.C.

Section 727 & Section 523 Complaints: Objecting to the Discharge of a Debt

In bankruptcy, certain specified types of debts are forgiven or “discharged”, releasing the debtor from personal liability for those debts. Debt discharges are permanent, and when granted, the debtor is no longer required to...more

Mintz - Bankruptcy & Restructuring Viewpoints

2022 Amendments to the Bankruptcy Rules

The latest amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) took effect on December 1, 2022. This collection of modifications may be broadly divided into two categories: (i) amendments and a...more

White and Williams LLP

Federal Rules Of Bankruptcy Procedure Amended In Response To Small Business Reorganization Act Of 2019

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On February 19, 2020, the Small Business Reorganization Act of 2019 (SBRA) took effect after being signed into law in mid-2019. Among other things, the SBRA created a new subchapter (Subchapter V) to chapter 11 of title 11 of...more

ArentFox Schiff

Fourth Circuit Rules That Corporate Small Business Debtors Under Subchapter V May Not Be Able to Discharge All Debts

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On June 7, 2022, the Fourth Circuit Court of Appeals unanimously held that the exceptions to discharge found in section 523(a) of the Bankruptcy Code, which ordinarily exclusively apply to individual debtors, also apply to...more

Kerr Russell

No Foolin’: Bankruptcy Code Changes Go Into Effect On April 1

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For both debtors and creditors, the numbers are important in a bankruptcy proceeding. The Judicial Conference of the United States has announced that certain dollar amounts and dollar limitations in the U.S. Bankruptcy Code...more

Nelson Mullins Riley & Scarborough LLP

Lending Money to a Friend, You Lose Both the Friend and the Money

In the case of In re Ricky L. Moore (19-01228), the United States Bankruptcy Court for the Northern District of Iowa taught an important lesson in the context of Chapter 12 bankruptcy cases: do not rely on repeated assurances...more

BCLP

Now That We Found Assets, What Are We Going To Do With Them?

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My most recent post surveyed situations in which a debtor might lose assets, or see their value drop to zero, during a bankruptcy case. This article addresses the opposite circumstance: how might a debtor’s estate gain new...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

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

Jones Day

Another Bankruptcy Court Joins the Majority Camp on Post-Plan Confirmation Setoff

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In In re Rogers Morris, 2020 WL 1321894 (Bankr. N.D. Miss. Mar. 16, 2020), the U.S. Bankruptcy Court for the Northern District of Mississippi contributed to an existing split among the courts by joining the majority view in...more

Amundsen Davis LLC

What’s In A Name? When Is A Farmer A Family Farmer Under The Bankruptcy Code?

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The United States Bankruptcy Code contains a special bankruptcy chapter for family farmers with regular income. Chapter 12 of the Bankruptcy Code allows family farmers to reorganize in a preferred way. For example, a family...more

Patterson Belknap Webb & Tyler LLP

Redesignation to Elect SBRA Is On a Roll

Our February 26 post reported on the first case dealing with the question whether a debtor in a pending Chapter 11 case may redesignate it as a case under Subchapter V, the new subchapter of Chapter 11 adopted by the Small...more

Ruder Ware

Did You Know That?

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There are many legal rules covering farms – rules that producers might not be aware of. A farm building may not be covered by standard insurance. Farm buildings are exempt from the state building code. And many standard...more

Troutman Pepper

Lender Beware: Two Recent Bankruptcy Cases Highlight Importance of Diligence in UCC-1 Filings

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Lenders should view as cautionary tales two recently handed down decisions regarding UCC-1 financing statements and the perfection of security interests. On December 20, 2019, the U.S. Bankruptcy Court for the District of...more

Miller Canfield

Recent and Upcoming Changes to Bankruptcy Law That Affect Your Rights as a Creditor

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The Small Business Reorganization Act of 2019 ("SBRA"), the Honoring American Veterans in Extreme Need ("HAVEN") Act, and the Family Farmer Relief Act were enacted into law on August 23, 2019. This alert summarizes these...more

K&L Gates LLP

Don’t Get Lost in the Weeds in Agriculture Bankruptcies

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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

Rumberger | Kirk

Narrow Bankruptcy Reforms Make Big Changes for Small Business, Vets, Farmers

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Three important pieces of bankruptcy legislation were signed into law this summer. The legislation did not make substantial structural changes to the bankruptcy system, but the laws do meaningfully impact three important...more

Maynard Nexsen

Multiple Factors to Drive Increase in Family Farmer Bankruptcy Filings

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Signing the Family Farmer Relief (FFR) Act of 2019 was like opening a pressure release valve. American farmers have suffered increasing financial stress this year from numerous sources, so a change in the law making Chapter...more

Jones Day

Legislative Update

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On August 23, 2019, President Trump signed into law four pieces of bankruptcy legislation designed to help financially distressed small businesses, disabled veterans, National Guard and reservists, and family farmers. Those...more

Womble Bond Dickinson

Family Farmer Relief Act Expands Chapter 12 Bankruptcy Protections for Small and Mid-Sized Farms

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Running a family-owned farm is not easy work under the best of economic circumstances, and it can be nearly impossible when times are tough. More than 30 years ago, during the mid-1980s, John Cougar Mellencamp’s mournful song...more

Tucker Arensberg, P.C.

Three New Bankruptcy Amendments Become Law

On August 23, 2019, the President of the United States of America signed three new bankruptcy amendments into law.  The first bill, H.R. 3311, ratifies The Small Business Reorganization Act of 2019, creating a new option for...more

BCLP

Bankruptcy Code Amended: Congress Makes Chapter 12 More Accessible to Family Farmers and Creates New Chapter 11 Subchapter for...

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On August 23, 2019, President Donald J. Trump signed into law two bills amending the Bankruptcy Code: (i) the Family Farmer Relief Act of 2019 (“FFRA”); and (ii) the Small Business Reorganization Act of 2019 (“SBRA,” and with...more

Husch Blackwell LLP

New Legislation Likely To Spur Increase In Bankruptcy Filings

Husch Blackwell LLP on

On August 23, President Trump signed into law two new pieces of legislation—the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019—that will likely lead to an increase in bankruptcy filings...more

Ward and Smith, P.A.

New Law More than Doubles Chapter 12 "Family Farmer" Debt Limit

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On Friday, August 23, 2019, the President signed into law the Family Farmer Relief Act of 2019. The Act increases the debt limit used to determine whether a family farmer is eligible for relief under Chapter 12 of the...more

Burr & Forman

Shelter from the Storm - Bankruptcy Relief Comes in Three's

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A trio of bankruptcy bills are sitting on President Trump’s desk awaiting his signature.  The three bankruptcy bills are the “Small Business Reorganization Act of 2019” (H.R. 3311), the “Honoring American Veterans in Extreme...more

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