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    Who is a “Non-Statutory Insider” for Purposes of Determining Whether a Payment Was Preferential in Bankruptcy?
    2020-05-19

    One of the objectives of the Bankruptcy Code is to ensure that each class of creditors is treated equally. And one of the ways that is accomplished is to allow the debtor’s estate to claw back certain pre-petition payments made to creditors. Accordingly, creditors of a debtor who files for bankruptcy are often unpleasantly surprised to learn that they may be forced to relinquish “preferential” payments they received before the bankruptcy filing.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Title 11 of the US Code
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Pre-Bankruptcy Automatic Stay Waivers - More Valuable Than Ever These Days?
    2020-05-20

    In the very unusual period in which we find ourselves today, it seems to be common wisdom that an avalanche of commercial loan defaults is coming. As such, it is a good time to take a fresh look at the terms and provisions used in commercial workout documents, whether in a simple agreement that extends a maturity date or in a complex forbearance document that restructures the collateral arrangement and financial covenants.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Title 11 of the US Code
    Authors:
    Glenn E. Glover
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Beware of Debtor Tax Traps in Restructuring and Bankruptcy
    2020-05-20

    The economic outcome from the coronavirus (COVID-19) pandemic is still uncertain but is likely to remain catastrophic in many respects. Of late popular name brands and companies have filed for bankruptcy as stay-at-home orders and social distancing requirements remain largely in effect. Morgan Lewis tax lawyers alert those considering bankruptcy or restructuring to various tax traps that may arise during these processes.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Morgan, Lewis & Bockius LLP, Medicare, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Kenneth S. Kail , Casey S. August , Sarah-Jane Morin , Paul A. Gordon , Anthony D. Cipriano
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Landlords, Loan Documents and Tenant Bankruptcies: Commercial Real Estate Finance COVID-19 Impact Series
    2020-05-20

    This is part of our Commercial Real Estate Finance COVID-19 Impact Series, which is aimed at providing informed and real-time guidance tailored to various sectors of commercial real estate owners. In the context of recent bankruptcy filings by national shopping center tenants, this article examines the interplay between a tenant bankruptcy and a landlord’s obligations under its loan documents.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Frost Brown Todd LLP, Landlord, Coronavirus, Title 11 of the US Code
    Authors:
    Ronald E. Gold , Geoffrey M. White , Douglas A. Walter
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Retail Tenant Bankruptcy and Restructuring in the COVID-19 Era: Commercial Real Estate Finance COVID-19 Impact Series
    2020-05-19

    The next article in our Commercial Real Estate Finance COVID-19 Impact Series looks at landlord/tenant issues arising from the COVID-19 pandemic through the lens of our Bankruptcy and Restructuring Practice Group, providing informed and real-time guidance tailored to various sectors of commercial real estate owners. In the context of recent bankruptcy filings by national shopping center tenants, this article highlights key areas for consideration when a tenant files bankruptcy and what steps landlords can take to be proactive in these circumstances.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Frost Brown Todd LLP, Landlord, Coronavirus, Title 11 of the US Code
    Authors:
    Ronald E. Gold
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    How can a “special purpose entity” borrower ever file bankruptcy if independent directors must approve the filing?
    2020-05-17

    Originally published in November 2008 on HotelLawBlog.com, then updated in 2010 for our Lenders Handbook for Troubled Hotels, we have updated this article through May 2020 to assist industry friends in dealing with distressed loans provoked by the COVID-19 crisis.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jeffer Mangels Butler & Mitchell LLP, Corporate governance, Coronavirus, Title 11 of the US Code
    Authors:
    Jim Butler , Robert B. Kaplan , Nicolas De Lancie
    Location:
    USA
    Firm:
    Jeffer Mangels Butler & Mitchell LLP
    Privacy Issues in Bankruptcy Sales
    2020-05-15

    As we move closer to a global recession caused by the current pandemic, some companies will find themselves in the unfortunate position of having to seek bankruptcy relief. This may have some important and often overlooked privacy implications. There is no question that in this day and age, one of a business’ most valuable assets is the personal information that it has collected from its customers and/or end-users – often more so than any of its tangible assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Hopkins & Carley, Personal data, Federal Trade Commission (USA), Title 11 of the US Code, GDPR
    Authors:
    Céline M. Guillou
    Location:
    USA
    Firm:
    Hopkins & Carley
    COVID-19/bankruptcy protections: gloves, masks and D&O insurance
    2020-05-15

    The news of major retailers, gyms and others filing or expecting to file for bankruptcy protection is yet another unfortunate reality of the COVID-19 pandemic crisis. A corporate bankruptcy can lead to a host of insurance-related issues, including claims made against directors and officers, competition for finite insurance limits, and disputes over who has rights or priority to, and can access, insurance policy proceeds.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Carolyn H. Rosenberg , J. Andrew Moss , Emily Garrison , Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Client Alert: Pier One Bankruptcy Court Approves Request to Delay Rent Payments to Commercial Landlords
    2020-05-13

    After Pier One Imports filed for Chapter 11 on February 17, 2020, the company expected to move quickly through a process to approve a consensual reorganization plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Shumaker Loop & Kendrick, Landlord, Coronavirus, Title 11 of the US Code
    Authors:
    Mark D. Hildreth
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Post-COVID-19 Appraisals And The Burden Of Proof In Bankruptcy Cases
    2020-05-13

    In the aftermath of the 9/11 attacks, the Appraisal Institute issued guidance to its MAI appraisers regarding the new challenges and limitations on rendering an opinion of real estate value in the wake of a disaster when markets are unstable or chaotic[1].

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Richard Brunette , Edward Tillinghast
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

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