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    Recent Developments in Subchapter V of Chapter 11 of the Bankruptcy Code
    2023-08-23

    This article was originally published on May 17, 2023, and was updated on August 23, 2023.

    Subchapter V of chapter 11 of the United States Bankruptcy Code, which took effect in 2020, has undergone significant developments since its enactment, as courts continue to interpret its provisions, intended to streamline the chapter 11 process for smaller debtors in bankruptcy. Recent data and judicial decisions have given greater context to not only the popularity of Subchapter V, but also its substantive boundaries, with some of these key developments discussed below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, CARES Act 2020 (USA), Chapter 11, US Bankruptcy Code
    Authors:
    Jack R. O’Connor , Heidi M. Hockberger
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    What Tenants Need to Know If the Landlord Files Bankruptcy
    2023-08-02

    While media attention of the COVID-19 pandemic has focused on commercial tenants, many commercial landlords are also experiencing distress as a result of missed rent payments. There are a few general concepts that are helpful to understand as a tenant in the event your landlord files bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Levenfeld Pearlstein LLC, Bankruptcy
    Authors:
    Harold D. Israel , Sean P. Williams
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Who Owns Crypto Assets? Know the Risks
    2023-07-26

    Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual depositors/customers, safely out of the reach of the bank’s creditors, reinforced by numerous federal and state regulations, and bankruptcy case law.

    But what happens if the asset that’s been deposited is cryptocurrency, held by a third-party, non-bank custodian?

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Levenfeld Pearlstein LLC, Cryptoassets, Chapter 11, US Bankruptcy Code
    Authors:
    Heidi M. Hockberger
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Recent Developments in Subchapter V of Chapter 11 of the Bankruptcy Code
    2023-05-17

    Subchapter V of chapter 11 of the United States Bankruptcy Code, which took effect in 2020, has undergone significant developments since its enactment, as courts continue to interpret its provisions, intended to streamline the chapter 11 process for smaller debtors in bankruptcy. Recent data and judicial decisions have given greater context to not only the popularity of Subchapter V, but also its substantive boundaries, with some of these key developments discussed below.

    Subchapter V Filings Increase 81% Year-Over-Year in April

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, CARES Act 2020 (USA), Chapter 11, US Bankruptcy Code
    Authors:
    Jack R. O’Connor , Heidi M. Hockberger
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Decision regarding Sears’ Retail Space in Mall of America Bankruptcy: Section 363(m) Is Not a Jurisdictional Statute
    2023-05-09

    Section 363(m) of the Bankruptcy Code is one of the most important and well-known statutes to bankruptcy practitioners. This section of the Bankruptcy Code protects a good faith asset purchaser who purchases assets from a debtor’s bankruptcy estate from having the sale unwound when the sale (or an aspect of the sale) is challenged by an appeal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Bankruptcy, Supreme Court of the United States
    Authors:
    Sean P. Williams , Jack R. O’Connor
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Silicon Valley Bank’s Parent Company Declares Bankruptcy
    2023-03-22

    The fallout from Silicon Valley Bank’s (SVB) closure continues to unfold, with SVB’s parent company – SVB Financial Group – filing for protection under chapter 11 of the Bankruptcy Code on Friday, March 17th.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Levenfeld Pearlstein LLC, Bankruptcy, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    Eileen Sethna , William S. Schwartz
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Bankruptcy Doesn’t Shield Employees from WARN Act Layoff Notice Requirements—Unless an Exception Applies
    2022-11-16

    Layoffs often accompany corporate bankruptcy, and employers should be aware of the legal obligations that impact mass layoffs and plant closures. Most notably, the federal WARN Act requires employers to notify the workforce of a mass layoff, a temporary shutdown, or a closure of all or part of a business.

    Employers that fail to provide adequate notice could be on the hook for damages of back pay and benefits-related compensation per employee for each day the company violated the WARN Act (up to 60 days).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Bankruptcy, Worker Adjustment and Retraining Notification Act 1988 (USA)
    Authors:
    Elizabeth (Lisa) Vandesteeg , Laura B. Friedel
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Increase in Subchapter V Debt Limit Poised to be Extended for Two Years
    2022-06-15

    As we’ve previously reported, on February 19, 2020, Congress enacted the Small Business Reorganization Act (“SBRA”) to, among other things, streamline the chapter 11 bankruptcy process for small businesses. Under the SBRA, a “small business” was one with less than $2,725,625.00 in debt. Few businesses, however, were eligible to take advantage of these new provisions because their debts exceeded the cap.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Coronavirus, US Congress, CARES Act 2020 (USA)
    Authors:
    Harold D. Israel
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Increase in Subchapter V Debt Limit Poised to be Made Permanent
    2022-02-23

    On February 19, 2020, Congress enacted the Small Business Reorganization Act (“SBRA”) to, among other things, streamline the chapter 11 bankruptcy process for a small business. Under the SBRA, a “small business” was one with less than $2,725,625.00 in debt. Few businesses, however, were eligible to take advantage of these new provisions because their debts exceeded the cap.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Coronavirus, US Congress, CARES Act 2020 (USA)
    Authors:
    Harold D. Israel
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    CARES Act Bankruptcy Provisions Extended
    2021-03-31

    On March 27, 2021, President Biden signed the “COVID-19 Bankruptcy Relief Extension Act of 2021” to extend the expiration dates of certain bankruptcy provisions of the CARES Act to March 27, 2022.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Bankruptcy, Coronavirus, Joe Biden, Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    Harold D. Israel
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC

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