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    Are Debtors Eligible to Receive PPP Loans? Bankrupt Companies and the SBA Wage War Over Critical CARES Act Program Eligibility
    2020-05-05

    The Paycheck Protection Program (PPP) is one of two business loan programs created under the Coronavirus Aid, Relief and Economic Security (CARES) Act to assist companies by extending potentially forgivable credit to small business employers. The PPP is designed to help cover employee-related expenses and help employers avoid layoffs. The prospect of forgivable debt, coupled with relatively favorable terms, have put PPP loans in high demand and many businesses, including some which had already sought chapter 11 bankruptcy protection, have sought PPP loans.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Coronavirus, Paycheck Protection Program, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Deborah D. Williamson , Jonathan E. Aberman , Mark Silverman
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Is Presenting A Winding Up Petition Too Much Of A Risk (UK)?
    2020-05-05

    Further to our blog about measures announced by the Government to protect commercial tenants from “aggressive” rent collection strategies, the Government subsequently confirmed that the restrictions will apply (unless extended) from:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord, Coronavirus, Commercial tenant
    Authors:
    Emily Davis
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The show goes on: Court’s flexible approach to civil applications in light of COVID-19
    2020-05-05

    In the decision of Goyal [1] handed down on 7 April 2020, Justice Markovic of the Federal Court has given approval to liquidators to enter into a litigation funding agreement under section 477(2B) of the Corporations Act 2001 (Cth).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Hall & Wilcox, Coronavirus
    Authors:
    Wayne Kelcey , Katherine Payne , Pia Rossignuolo
    Location:
    Australia
    Firm:
    Hall & Wilcox
    The role of section 447A of the Corporations Act 2001 (Cth) in the time of COVID-19 | Mills Oakley
    2020-05-05

    One of the first tasks required of an administrator appointed to a company is to facilitate communications with creditors and conduct creditors’ meetings.

    The below decision considers these tasks against the backdrop of public health orders designed to reduce the spread of COVID-19, and the Court’s continued broad application of section 447A of the Corporation Act 2001(Cth) (Act) and section 90-15 of the Insolvency Practice Schedule (Corporations)(Schedule).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mills Oakley, Coronavirus, Ford Motor Company, Corporations Act 2001 (Australia)
    Authors:
    Kirsten Farmer
    Location:
    Australia
    Firm:
    Mills Oakley
    Court rejects Covid-19 related arguments to restrain winding up petitions
    2020-05-05

    The High Court has dismissed applications to restrain the presentation of winding up petitions for reasons relating to the Covid-19 pandemic.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Collyer Bristow LLP, Coronavirus
    Authors:
    Robin Henry
    Location:
    United Kingdom
    Firm:
    Collyer Bristow LLP
    The Company Administration Regime in Guernsey
    2020-05-05

    Introduction

    The Companies (Guernsey) Law, 2008 (“Companies Law”) provides for companies, protected cell companies (“PCCs”), incorporated cell companies (“ICCs”) and cells of PCCs and ICCs to be placed into administration and for an administrator to be appointed to manage that entity's affairs whilst the administration order remains in force.

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, International Chamber of Commerce
    Authors:
    Simon Davies , Marcus Leese , Mathew Newman , Alex Horsbrugh-Porter
    Location:
    Guernsey
    Firm:
    Ogier
    DOJ Requires Antitrust Divestitures in Connection with Sale of Dean Foods’ Milk Processing Plants Out of Bankruptcy
    2020-05-05

    On May 1, 2020, in connection with the bankruptcy sale of Dean Foods Company (“Dean Foods”), the Department of Justice Antitrust Division required divestiture of certain Dean Foods assets by Dairy Farmers of America Inc. (“DFA”). DFA and Prairie Farms Dairy Inc. (“Prairie Farms”) were acquiring fluid milk processing plants from Dean Foods.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, Mintz, Coronavirus
    Authors:
    Bruce D. Sokler , Tinny T. Song
    Location:
    USA
    Firm:
    Mintz
    Are the Standards Governing Trustee Appointment Different in Chapter 9?
    2020-05-05

    Yes, says the First Circuit. The First Circuit recently affirmed the District Court’s decision to deny a group of bondholders’ (the “Bondholders”) motion to have a trustee appointed for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico (the “System”) under section 926 of the Bankruptcy Code. Section 926 of the Bankruptcy Code allows a court to appoint a trustee to pursue avoidance actions in Chapter 9 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, First Circuit
    Authors:
    Shmuel Vasser , Cara Kaplan
    Location:
    USA
    Firm:
    Dechert LLP
    BC Courts Willing To Hear Corporate And Insolvency Matters During COVID-19 Suspensions
    2020-05-05

    In response to the COVID-19 outbreak, the British Columbia Supreme Court (the “Court”) has suspended regular operations at all of its locations from March 19th, 2020 to May 29th, 2020 (the “Suspension Period”).[1] In an effort to balance the seriousness of the situation with the principles of open courts and timely access to justice, the Court continues to hear certain “urgen

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Coronavirus
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    COVID-19 Crisis: Is Judicial Management a Viable Option?
    2020-05-05

    Following the outbreak of the novel coronavirus (COVID-19) which has seen the global economy descend into a state of turmoil, companies around the world strive to weather the storm of unprecedented challenges to their businesses. As Malaysia undergoes the fourth phase of its Movement Control Order to further curb the spread of COVID-19, companies are already planning or putting in place the necessary measures to soften the impact of COVID-19 on their businesses.

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, Lee Hishammuddin Allen & Gledhill, Coronavirus
    Authors:
    Mong Chung Seng , Iris Tang Shu Ni
    Location:
    Malaysia
    Firm:
    Lee Hishammuddin Allen & Gledhill

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