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    New Bankruptcy Code Amendments Change Legal Landscape for Creditors
    2019-09-09

    On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005. These promise to change the legal landscape for creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Debtor, Due diligence, Title 11 of the US Code
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    Second Circuit Holds Trustee’s Recovery of Fraudulent Transfer Is Not Double Recovery
    2019-08-27

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Post-Taggart, Debtors May Face Higher Pleading Standard
    2019-08-28

    This article first appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Shane G. Ramsey , John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Mass Tort Plaintiffs Who Failed to Disclose Their Claims in Bankruptcy Court: Standing and Estoppel
    2019-08-28

    We have blogged several times about mass tort plaintiffs who failed to list their tort claims in prior bankruptcy proceedings, thereby stiffing their creditors. See here, for example. Do they get away with it? Usually not. Courts have routinely sent those tort plaintiffs packing, and two different theories call for that result: (1) lack of standing, and (2) judicial estoppel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Title 11 of the US Code
    Authors:
    Stephen J. McConnell
    Location:
    USA
    Firm:
    Reed Smith LLP
    HAVEN ACT Provides Military Veterans With Increased Income Protections In Bankruptcy
    2019-08-28

    Military veterans often pay a heavy toll for their service from a physical, emotional and even financial standpoint. A new federal law— the Honoring American Veterans in Extreme Need Act of 2019 or the HAVEN Act— aims to address the latter hardship, providing disabled military veterans with greater protections in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Debtor
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Supreme Court Clarifies Treatment of Trademarks in Bankruptcy Cases
    2019-08-28

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Fredrikson & Byron PA, Debtor, Google, Title 11 of the US Code
    Authors:
    Clinton E. Cutler
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    New Bankruptcy Laws Attempt to Assist Family Farming Operations and Small Businesses
    2019-08-28

    Congress recently sent two different bills to the President’s desk that are designed to provide an easier path for family farming operations and small businesses to reorganize under the Bankruptcy Code: the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019.

    Filed under:
    USA, Agriculture, Company & Commercial, Insolvency & Restructuring, Fredrikson & Byron PA, Debtor, Title 11 of the US Code
    Authors:
    Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Newly Revised Bankruptcy Law Expands Chapter 12 to More Family Farmers
    2019-08-29

    With very little press, President Trump signed into law the Family Farmer Relief Act on August 23, 2019 (Public Law no. 116-51). The measure increases the current debt limit used to determine whether a family farmer is eligible for relief under Chapter 12 of the Bankruptcy Code from $4,411,400 to $10,000,000. By lifting this cap, Congress has provided more farmers, who would otherwise be required to file Chapter 11, with the opportunity to qualify for the specialized relief of Chapter 12.

    Filed under:
    USA, Agriculture, Insolvency & Restructuring, Public, Quarles & Brady LLP, Debtor, Title 11 of the US Code
    Authors:
    Brittany S. Ogden , Lauren Beslow
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    New Bankruptcy Act Makes Chapter 11 Plan Confirmation Easier for Small Business Debtors and Offers Benefits to Preference Defendants
    2019-08-29

    Congress approved, and earlier this month the President signed, the Small Business Reorganization Act of 2019 which streamlines existing rules governing the efforts of small businesses to restructure successfully under Chapter 11 of the Bankruptcy Code. The law effectively makes it more difficult for creditors to contest small business Chapter 11 cases, but it also provides creditors in all bankruptcy cases several major benefits through changes to the preference laws.

    Subchapter V of Chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Debtor, Due diligence, Title 11 of the US Code
    Authors:
    Jeffrey L. Tarkenton
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Hahnemann University Hospital: Healthcare Bankruptcy Highlights the Tension When Private Equity Collides with the Public Interest
    2019-08-27

    A “little bit of a crisis” was averted last week in the Chapter 11 bankruptcy case of St. Christopher’s Hospital for Children, a Philadelphia-area hospital with ties to Hahnemann University Hospital, which is also a Chapter 11 debtor.[1] On Tuesday, Delaware bankruptcy judge Kevin Gross said he could not approve a $65 million DIP loan requested by St.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Patterson Belknap Webb & Tyler LLP, Debtor, Private equity
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

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