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    New Chapter 11 Filing - L&L Wings, Inc.
    2021-04-26

    On April 24, 2021, New York-based beachwear retailer L&L Wings, Inc., which operates 26 stores in the Carolinas, Florida, Texas and California, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-10795).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - Augustus Intelligence Inc.
    2021-04-26

    On April 24, 2021, Augustus Intelligence Inc., a New York based AI systems developer, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10744). The company reports $10 million to $50 million in assets and $1 million to $10 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    In re Fencepost Productions: Prudential Standing Doctrine Blocks a Subordinated Creditor from Voting
    2021-04-26

    In a March 2021 decision in the jointly administered bankruptcy cases of Fencepost Productions, Inc. and certain of its affiliates, Judge Dale L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Lisa A. Holl Chang , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Preference Avoidance Actions: When Late is Ordinary
    2021-04-27

    A recent case shows how even late payments can be used to satisfy the ordinary course of business defense in a preference avoidance action. Baumgart v. Savani Props Ltd. (In re Murphy), Case No. 20-11873, Adv. Pro. No. 20-1070, 2021 Bankr. LEXIS 1035 (Bankr. N.D. Ohio Apr. 19, 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Protecting property against creditors
    2021-04-27

    When an individual declares bankruptcy, the trustee-in-bankruptcy (trustee) may be able to claim, and sell, some of the bankrupt’s assets. The trustee can then use the proceeds from the sale to repay any money owed to creditors. Assets may include, but are not limited to, real estate, vehicles, tools, equipment, furniture, bank balances and lottery winnings.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Wolters Kluwer Asia-Pacific
    Location:
    Australia
    Firm:
    Wolters Kluwer Australia
    New Chapter 11 Filing - Royal Blue Realty Holdings, Inc.
    2021-04-27

    On April 26, 2021, Royal Blue Realty Holdings, Inc., a New York-based real estate company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-10802). The company reports $1 million to $10 million in assets and $10 million to $50 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC
    Location:
    USA
    Firm:
    Cole Schotz PC
    Court Intervention in a Judicial Manager's Decision - The Test for Unfair Prejudice
    2021-04-23

    Introduction  

    Under Singapore's restructuring and insolvency regime, a judicial manager has a degree of discretion in managing the affairs of the company in judicial management. However, the Court may intervene in a decision of a judicial manager if it is unfairly prejudicial to the interests of the company's creditors or members.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Mark Cheng , Zi Wei Ho
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Emerging Trends in the Retail and Hospitality Occupancy Market
    2021-04-23

    The impact of Covid-19 has been felt across the commercial property sector; nowhere more acutely, perhaps, than in "bricks and mortar" retail and hospitality.

    Even pre-pandemic, the high street was being forced to adapt to the growth of eCommerce. But consecutive lockdowns have expedited the shift; for some, that change will be irreversible.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts, Coronavirus
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Delaware Bankruptcy Court Finds Violation of the Automatic Stay with Reservation of Rights Letters Sent to Non-Debtors
    2021-04-23

    US Bankruptcy Judge Mary F. Walrath of the District of Delaware entered an order on April 21 in In re Nine Point Energy Holdings, Inc., Case No. 21-10570 (MFW) (Bankr. D. Del. Apr. 21, 2021), finding that Caliber Measurement Services LLC, Caliber Midstream Fresh Water Partners LLC, and Caliber North Dakota LLC (together, Caliber) violated the automatic stay by sending “reservation of rights” letters to third parties that were providing services allegedly in violation of agreements between Caliber and Nine Point Energy Holdings, Inc.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP
    Authors:
    Andrew J. Gallo
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    PPP Loans Now Available to Otherwise-Eligible Companies That Have Ended Their Bankruptcy Proceedings
    2021-04-26

    The Small Business Administration ("SBA") has made an adjustment to its guidance to provide that entities which have concluded a bankruptcy proceeding are not, for purposes of PPP eligibility, considered in bankruptcy. Entities which are presently in bankruptcy are not eligible for a PPP loan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Buchalter, Bankruptcy, Paycheck Protection Program, Small Business Administration (USA)
    Authors:
    Michael C. Flynn , Robert S. Gillison , Todd A. Mitchell , Valerie Bantner Peo , Alison M. Pear , L. David Connell , James K. Dyer, Jr.
    Location:
    USA
    Firm:
    Buchalter

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