January 7, 2021
Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.
December 29, 2020
The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.
December 11, 2020
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
December 10, 2020
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
November 13, 2020
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
October 27, 2020
A cramdown plan can reduce the collateral coverage for secured creditors.
October 21, 2020
Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.
August 13, 2020
With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.
July 24, 2020
More than 600 cases have already been filed under the SBRA since subchapter V of chapter 11 became effective in February.
July 13, 2020
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.