The new Subchapter V of Chapter 11 became effective on February 19, 2020. Designed to streamline reorganizations for small businesses,...
Congress passed the Small Business Reorganization Act of 2019 (the "SBRA") to benefit small businesses. The SBRA established a new...
Background Congress passed The Small Business Reorganization Act of 2019 (the “SBRA”) for small businesses, currently defined as debtors...
On April 19, 2023, the U.S. Supreme Court issued its opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, 598 U.S. (2023),...
On January 30, 2023, the Third Circuit Court of Appeals dismissed the bankruptcy filing by Johnson & Johnson’s subsidiary, LTL...
A recent decision highlighted a flaw in the Bankruptcy Code… Will the House of Representatives pass the Bankruptcy Threshold Adjustment...
Agricultural economists have long warned of a looming farm crisis. However, for the most part, they have been wrong. In 2021, nationwide...
Reaching an outcome in line with two other circuit courts, on February 16, 2022 the Fifth Circuit Court of Appeals permitted a Chapter 11...
Introduction A newly created subsidiary of Johnson & Johnson recently filed Chapter 11 to manage 38,000 pending talc-related lawsuits and...
Congress originally conceived the new Subchapter V to “streamline the bankruptcy process by which small business debtors reorganize and...
On January 14, 2021, the Supreme Court held in City of Chicago v. Fulton that a creditor does not violate the automatic stay by merely...
On December 27, 2020, the Consolidated Appropriation Act ("CAA") was signed into law. The nearly 5,600-page bill is reportedly the...
Businesses that were already struggling before the COVID-19 pandemic hit the United States are now facing the consequences of having to...
A Chicago bankruptcy court recently ruled in In re Hitz Restaurant Group that a debtor’s obligation to pay rent during its bankruptcy...
The initial wave of post-COVID Chapter 11 business bankruptcies has revealed an increasing tendency for senior executives of financially...
A little noticed provision in the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) may provide distressed corporations...