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    Claims Based on Avoidable Transfer Cannot be “Washed Clean” in the Secondary Market
    2020-04-27

    Disagreeing with the much-critiqued SDNY opinion in Enron, the SDNY bankruptcy court disallowed claims brought by secondary transferees because the original claimants allegedly received millions of dollars in fraudulent transfers and preferences from the Debtors that have not been repaid. Deepening the district spilt on the nature of Section 502(d) of the Bankruptcy Code, the Court held that the defense barring fraudulent transfer-tainted claims focuses on claims—not claimants—and cannot be “washed clean” by a subsequent transfer in the secondary market.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Due diligence, Title 11 of the US Code
    Authors:
    Shmuel Vasser , Yehuda Goor
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy Asset Sales: A Primer
    2020-04-27

    Authors:Hugh M.

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Employee Retirement Income Security Act 1974 (USA), Due diligence, Coronavirus, Title 11 of the US Code
    Authors:
    Hugh McDonald , Deborah Kovsky-Apap , Andrew L. Buck
    Location:
    USA
    Firm:
    Troutman Pepper
    The Bankruptcies Are Coming - What Should I Be Doing To Avoid Preference Exposure?
    2020-04-27

    The policies implemented to address the COVID-19 will have far reaching economic consequences. While federal and state governments are doing what they can to ease the short term impact, the fact remains that businesses of all sizes are addressing crises caused by a lack of consumption and a disruption of most all of the other factors that keep an economy afloat.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Graydon Head & Ritchey LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Jeffrey M. Hendricks
    Location:
    USA
    Firm:
    Graydon Head & Ritchey LLP
    The CARES Act’s Expansion of Relief for Small Business Debtors
    2020-04-28

    While it did not focus on bankruptcy relief, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act contained provisions relating to small bankruptcy debtors.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Stradling Yocca Carlson & Rauth, Coronavirus, US Senate, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Gregory K. Jones
    Location:
    USA
    Firm:
    Stradling Yocca Carlson & Rauth
    8th Cir. Affirms Denial of Discharge Due to Inadequate Records, Questionable Transactions
    2020-04-27

    The U.S. Court of Appeals for the Eighth Circuit recently affirmed the denial of bankruptcy discharge for a Chapter 7 debtor due to the debtor’s failure to keep adequate records.

    In particular, the Eighth Circuit focused on a sudden and financially significant return of hundreds of thousands of dollars’ worth of high-end watches and jewelry that left significant unanswered questions as to the whereabouts of the assets and the legitimacy of the creditor jeweler’s claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Title 11 of the US Code
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Southern District of Texas Enters Temporary Restraining Order Extending PPP Loan Benefits to Debtor in Bankruptcy
    2020-04-27

    In a potentially ground-breaking decision, Judge David R. Jones of the United States Bankruptcy Court for the Southern District of Texas temporarily enjoined the Small Business Administration (SBA) from denying a Paycheck Protection Program (PPP) loan to Hidalgo County Emergency Service Foundation due solely to its status as a Chapter 11 debtor in bankruptcy. While the order will expire on May 8, 2020, and only applies to Hidalgo, the order could mark a significant change in the SBA’s administering of the PPP.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Due diligence, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    N. Chris Glenos , Andrew J. Shaver
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Distressed Company Q&A: Talking About the “B” Word — Bankruptcy
    2020-04-27

    Q: What is a Chapter 11 bankruptcy?

    A: It is one tool, but perhaps the most dramatic remedy, in the toolbox of restructuring attorneys. Chapter 11 is the business reorganization section of the U.S. Bankruptcy Code. Most corporations, LLCs and other business entities are eligible to file for bankruptcy protection in one of two places: the state where they were created or the site of their principal place of business/assets.

    Q: Why do companies file for bankruptcy?

    A: Some of the most common reasons to file for bankruptcy include:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Taft Stettinius & Hollister LLP, Board of directors, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Michael P. O'Neil
    Location:
    USA
    Firm:
    Taft Stettinius & Hollister LLP
    Can Chapter 11 Debtors Receive PPP Loans?
    2020-04-25

    The nearly $350 billion loan program made available to small businesses by the Coronavirus Aid, Relief, and Economic Security (CARES) Act was tapped out in less than two weeks. In response to this overwhelming demand, on Friday, April 24, 2020, an additional $320 billion was funded into the loan program, and the second round of applications for small businesses requesting these loans will open on Monday, April 27, 2020.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus, Paycheck Protection Program, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Mark A. Salzberg , Stephen D. Lerner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Does a Claim Objection Under Section 502(d) Survive the Transfer of the Claim by the Original Claimant?
    2020-04-25

    The Southern District of New York recently reminded us in In re Firestar Diamond, Inc., et al., Case No. 18-10509 (Bankr. S.D.N.Y. April 22, 2019) (SHL) [Dkt. No. 1482] that equitable principles in bankruptcy often do not match those outside of bankruptcy. Indeed, bankruptcy decisions often place emphasis on equality of treatment amongst all creditors and are less concerned with inequities to individual creditors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Title 11 of the US Code
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Can a hotel ever be “single asset real estate” for bankruptcy purposes? What is “SARE” and who cares?
    2020-04-26

    Hotel Lawyers: Lender tips on forbearances, loan modifications, recapitalizations, receiverships, workouts, turnarounds, restructurings, and bankruptcies

    CMBS lenders and others use SPEs for expedited remedies

    Hotels, resorts, marinas, retail mixed-use, and other hospitality-related assets will likely continue to present challenges to lenders seeking expedited relief from bankruptcy stay provisions available to creditors in “single asset real estate” bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jeffer Mangels Butler & Mitchell LLP, Affordable housing, Cybersecurity, Title 11 of the US Code
    Authors:
    Jim Butler , Nicolas De Lancie
    Location:
    USA
    Firm:
    Jeffer Mangels Butler & Mitchell LLP

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