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How the “Engaged In” Standard For Subchapter V Eligibility Is Easily Satsified (In re Robinson)
2023-05-18

Is a debtor “engaged in commercial or business activities” for Subchapter V eligibility?

Such question has been addressed on many occasions and by many courts.

The trend seems to be toward a conclusion that the nature and quantity of “commercial or business activities” required for Subchapter V eligibility is this:

  • Nature = “easily met”; and
  • Quantity = “not much.”

The latest opinion to confirm the trend is In re Robinson, Case No. 22-2414, Southern Mississippi Bankruptcy Court (issued April 17, 2023; Doc. 90).

Filed under:
USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, SIPP, US Congress
Authors:
Donald L. Swanson
Location:
USA
Firm:
Koley Jessen PC
View Original Article
The US-Israel legal review 2022
2023-03-20

A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

Filed under:
Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, ESG, Personal data, Gaming, Cybersecurity, SPAC, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, ChatGPT, Silicon Valley Bank
Location:
Global, Israel, USA
View Original Article
The Express Grain Terminals Bankruptcy Case: A Reminder About the Need of Crop Production Lenders and Farmers to Monitor Grain Elevator Credit Risk
2022-09-29

The Express Grain Terminals, LLC (“Express Grain”) bankruptcy is a case study for grain farmers and their crop production lenders. Near the end of corn harvest and during the peak of soybean harvest, many grain farmers in the Mississippi Delta discovered that they faced potential financial ruin as a result of the bankruptcy filing by Express Grain1 on September 29, 2021 (the “Petition Date”).

Filed under:
USA, Banking, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Due diligence, SIPP, Uniform Commercial Code (USA)
Location:
USA
Firm:
Hunton Andrews Kurth LLP
View Original Article
Pension adviser banned for eight years by Insolvency Service
2020-04-06

Earlier this month, a Wolverhampton-based financial advisor was banned by the Insolvency Service for eight years after his firm provided poor pension investment advice, resulting in clients losing £7 million.

Background

Filed under:
United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, SIPP
Authors:
Garon Anthony , Rose Chaudry
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
5th Cir. Rejects Chapter 13 Debtor’s Attempt to ‘Partially Surrender’ Different Collateral for Same Claim
2021-03-30

The U.S. Court of Appeals for the Fifth Circuit recently affirmed a trial court’s denial of a consumer’s Chapter 13 bankruptcy plan that proposed a “partial surrender” of a cross-collateralized loan.

In so ruling, the Fifth Circuit held that the text of 11 U.S.C. § 1325(a)(5) allows debtors to select a different option “with respect to each allowed secured claim,” but it does not allow a debtor to select different options for different collateral securing the same claim.

Filed under:
USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, SIPP
Authors:
Daniel Miller
Location:
USA
Firm:
Maurice Wutscher LLP
View Original Article
New Chapter 11 Filing - Agspring Mississippi Region
2021-09-10

On September 10, 2021, Agspring Mississippi Region LLC, along with four affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 21-11238). Agspring Mississippi Region and its affiliates are each subsidiaries of non-debtor Agspring LLC, an agriculture supply chain services company.

Filed under:
USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Supply chain, SIPP
Location:
USA
Firm:
Cole Schotz PC
View Original Article
Another Bankruptcy Court Joins the Majority Camp on Post-Plan Confirmation Setoff
2020-08-13

In In re Rogers Morris, 2020 WL 1321894 (Bankr. N.D. Miss. Mar. 16, 2020), the U.S. Bankruptcy Court for the Northern District of Mississippi contributed to an existing split among the courts by joining the majority view in holding that a creditor may exercise setoff rights after the confirmation of a plan in a bankruptcy case.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, SIPP, Title 11 of the US Code
Authors:
Mark G. Douglas , Marissa Alfano
Location:
USA
Firm:
Jones Day
View Original Article

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