The Bankruptcy Protector

The Bankruptcy Protector

The Bankruptcy Protector

The Bankruptcy Protector

Almost two years ago, the Small Business Reorganization Act of 2019 (SBRA) was enacted. While the provisions regarding the new Subchapter V reorganization received the most press (streamlined chapter 11 for businesses with debts of no more than $7,500,000), the SBRA also included other important changes to the Bankruptcy Code. Among these additional changes was an increase in the venue threshold under 28 U.S.C. § 1409(b) to $25,000.00 as follows:

The Bankruptcy Protector

In 2017, Congress enacted an amendment imposing a sharp increase in quarterly fees owed to the United States Trustee program by many chapter 11 debtors. Expectedly, the constitutionality of that decision has been challenged on several grounds, and there is considerable disagreement among the circuits.

The Bankruptcy Protector

“It’s expensive to be me / Looking this good don’t come for free.” —Erika Jayne, “XXpen$ive”

Real Housewives of Beverly Hills cast member Erika Girardi, more commonly known as Erika Jayne, is the latest example of just how powerful (and expensive) an involuntary bankruptcy proceeding can be.

The Bankruptcy Protector

In City of Chicago, Illinois v. Fulton, No. 19-357, 2021 WL 125106, at *1 (U.S. Jan. 14, 2021), the United States Supreme Court considered the issue of whether the mere retention of estate property after the filing of a bankruptcy petition violates section 362(a)(3) of the Bankruptcy Code. Reversing the Seventh Circuit and resolving a split among the circuits, the Supreme Court ruled unanimously on January 14, 2021 “that mere retention of property does not violate the [automatic stay in] § 362(a)(3).”

Karen McMaster, Ben Andrews and James Cameron, Milbank LLP

This is an extract from the 2020 edition of GRR's the Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

In summary

Cristóbal Eyzaguirre B, Rodrigo Ochagavía R-T and Santiago Bravo S, Claro & Cia

This is an extract from the 2021 edition of GRR's The Americas Restructuring Review. The whole publication is available here.

In summary

DJ Miller, Thornton Grout Finnigan

This is an extract from the 2021 edition of GRR's The Americas Restructuring Review. The whole publication is available here.

In summary

This chapter highlights the flexible nature of Canada’s restructuring regime, where creative solutions to novel and complex issues are welcomed by the judiciary.

Discussion points