17 May, 2024 Subchapter V Practice in the Eighth Circuit: The First Four Years By David Warfield The new Subchapter V of Chapter 11 became effective on February 19, 2020. Designed to streamline reorganizations for small businesses,...
09 Jan, 2024 Are Unmatured Lease Obligations Considered Noncontingent Debt for Purposes of Calculating Eligibility to File a Subchapter V Bankruptcy? By Thompson Coburn Attorney Congress passed the Small Business Reorganization Act of 2019 (the "SBRA") to benefit small businesses. The SBRA established a new...
15 Jun, 2023 Are Subchapter V Corporate Debtors Subject to the §523(a) Exceptions to Discharge? By Thompson Coburn Attorney Background Congress passed The Small Business Reorganization Act of 2019 (the “SBRA”) for small businesses, currently defined as debtors...
20 Apr, 2023 Supreme Court rules section 363(m) limitations on bankruptcy sale appeals not jurisdictional By Brian Hockett David Warfield Katie Kraft 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),...
03 Feb, 2023 Put down your fiddle: Third Circuit halts Johnson & Johnson’s Texas two-step By Thompson Coburn Attorney On January 30, 2023, the Third Circuit Court of Appeals dismissed the bankruptcy filing by Johnson & Johnson’s subsidiary, LTL...
07 Jun, 2022 A recent decision highlighted a flaw in the Bankruptcy Code. By Thompson Coburn Attorney A recent decision highlighted a flaw in the Bankruptcy Code… Will the House of Representatives pass the Bankruptcy Threshold Adjustment...
14 Mar, 2022 Chapter 12 family farmer cases in Missouri: An updated look inside the numbers By David Warfield Agricultural economists have long warned of a looming farm crisis. However, for the most part, they have been wrong. In 2021, nationwide...
03 Mar, 2022 Fracas in the French Quarter: Fifth Circuit weighs in on ongoing controversy over the intersection of Bankruptcy Code Sections 363(f) and 365(h) By David Farrell Reaching an outcome in line with two other circuit courts, on February 16, 2022 the Fifth Circuit Court of Appeals permitted a Chapter 11...
03 Nov, 2021 Johnson & Johnson: The Texas two-step and talc-related liabilities By David Warfield Introduction A newly created subsidiary of Johnson & Johnson recently filed Chapter 11 to manage 38,000 pending talc-related lawsuits and...
08 Sep, 2021 Subchapter V in the Eighth Circuit: The data from the first 18 months By David Warfield Congress originally conceived the new Subchapter V to “streamline the bankruptcy process by which small business debtors reorganize and...
26 May, 2021 Blog Browse: What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims? By Claire Schenk Rose Tanner False Claims Act complaints are subject to the heightened pleading requirements of Rule 9(b), but circuits are split on whether that...
27 Mar, 2020 CARES Act expands eligibility under Small Business Reorganization Act of 2019 By Thompson Coburn Attorney Congress just made it easier and less expensive for small businesses to reorganize under Chapter 11. Small businesses continue to...
19 Mar, 2020 Can government actions restrict creditors’ remedies during the COVID-19 emergency? By David Warfield As the economic fallout associated with the COVID-19 virus continues, many cities and states have already suspended a landlord’s ability...
05 Aug, 2019 Blog browse: Credit for cooperation: What you need to know about the DOJ’s new guidelines for FCA investigations By Claire Schenk In May 2019, the U.S. Department of Justice issued new guidelines regarding cooperation and remedial efforts with False Claims Act...