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A Recent Decision in the Toys “R” Us Bankruptcy Litigation May Have An Impact on Board Membership

Key Takeaways

USA, Insolvency & Restructuring, Litigation, Stradling Yocca Carlson & Rauth, United States bankruptcy court
The CARES Act’s Expansion of Relief for Small Business Debtors

While it did not focus on bankruptcy relief, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act contained provisions relating to small bankruptcy debtors.

USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Stradling Yocca Carlson & Rauth, Coronavirus, US Senate, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
How The CARES Act Will Impact Small Business Bankruptcies

Buried in the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which is expected to be passed by Congress and signed by the President today, are revisions to the Bankruptcy Code that are relevant to creditors dealing with distressed debtors. Most notably, the bill will impact the recently-enacted Small Business Reorganization Act of 2019 (the “SBRA”) by increasing the potential pool of qualified debtors.

USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
The need for a legal ground to stand on: a shareholders class action is dismissed at the authorization stage for failure to meet article 1003 b) C.p.c. (Groupe d’action d’investisseurs dans Biosyntech c. Tsang, 2015 QCCS 3265)

In the spring of 2010, BioSyntech, a start-up biotechnology company, developing a cartilage-repair product, BST-Car Gel, filed a Notice of Intention to make a proposal under the Bankruptcy and Insolvency Act. In the subsequent bankruptcy proceedings, the intellectual property relating to the BST-Car Gel was sold.

Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP