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    COVID-19 Update: SBA Paycheck Protection Loan Program and Additional Financial Assistance Programs
    2020-03-27

    On March 27, the president signed into law Phase 3 of the federal stimulus program, called the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act. Title I of the act, titled the Keeping American Workers Paid and Employed Act (KAWPEA), directs, among other amounts, $349 billion to small businesses as part of an expansion of the U.S. Small Business Administration’s (SBA) Section 7(a) loan program under a new paycheck protection loan program (PPP) as well as $10 billion through an expansion to the SBA’s Section 7(b) economic injury disaster loan (EIDL) program.

    Filed under:
    USA, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, General contractor, Private equity, Coronavirus, Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA), Small Business Administration (USA)
    Authors:
    Adam C. Rogoff
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Continued viability of “earmarking doctrine” defense to preference actions affirmed by Fifth Circuit
    2009-01-30

    In In re Entringer Bakeries, Inc.,1 the United States Court of Appeals for the Fifth Circuit affirmed the viability of the “earmarking doctrine” as a judicially-created defense to a preference action under section 547(b) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Leasehold estate, Interest, Debt, Maturity (finance), Liquidation, Secured loan, Title 11 of the US Code, Small Business Administration (USA), SCOTUS, United States bankruptcy court, Fifth Circuit, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Chapter 11 Debtors Clash with the SBA Over PPP Eligibility
    2020-05-01

    The SBA’s Rules Exclude Bankruptcy Debtors from Relief Under the Paycheck Protection Program

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA), Small Business Administration (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Chapter 11 Debtors Clash With the SBA Over PPP Eligibility
    2020-05-01

    The SBA’s Rules Exclude Bankruptcy Debtors From Relief Under the Paycheck Protection Program

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Public-private partnership, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA), Small Business Administration (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    New Chapter 11 Filing - Zuca Properties LLC
    2021-06-08

    On June 7, 2021, Zuca Properties LLC of Geneva Switzerland, the owner of two penthouse condominium units located at 470 Broome Street in New York’s Soho neighborhood, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-11082). The company estimates $10 million to $50 million in assets and $50 million to $100 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - The Collected Group, LLC
    2021-04-05

    On April 5, 2021, The Collected Group, LLC, along with certain affiliates that design, distribute, and retail three contemporary, consumer-inspired, apparel lifestyle brands: Joie, Equipment, and Current/Elliott, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10663).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - Katerra Inc.
    2021-06-07

    On June 7, 2021, Katerra Inc., a Scottsdale, AZ-based “technology-enabled construction company,” filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31861) along with several affiliates. The company estimates $500 million to $1 billion in assets and $1 billion to $10 billion in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - AeroCentury Corp.
    2021-03-30

    On March 29, 2021, AeroCentury Corp., a Calif.-based publicly traded aircraft operating lessor and finance company specializing in leasing regional aircraft and engines to regional airlines and commercial users in 15 countries, announced it and certain of its subsidiaries filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10636).

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - JDS Fourth Avenue LLC
    2021-06-01

    On June 1, 2021, JDS Fourth Avenue LLC, a New York-based real estate development company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10888). The company estimated $1 million to $10 million in both assets and liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Chapter 11 Filing - Entrust Energy, Inc.
    2021-03-30

    On March 30, 2021, Houston-based retail power provider Entrust Energy, Inc., filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31070). The company reports $100 to $500 million in assets and $50 to $100 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Debtor, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC

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