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    COVID-19 - Recently announced insolvency law changes
    2020-05-13

    The Government has published the COVID-19 Response (Further Management Measures) Legislation Bill (the Bill), an omnibus bill containing amendments (both temporary and permanent) to several acts. These amendments aim to both assist organisations in effectively managing the “immediate impacts of the response to COVID-19”, as well as mitigating some of the pandemic’s “unnecessary and potentially longer-term impacts on society”.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Buddle Findlay, Coronavirus, US House of Representatives
    Authors:
    Peter Niven , David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Church Successfully Challenges SBA’s Legislation of PPP by Regulation; More to Follow?
    2020-05-11

    The Small Business Administration (SBA) violated federal law by imposing conditions for loans under the Paycheck Protection Program (PPP) that were not enacted in the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, P.L. 115-136 (CARES Act), Judge David Thuma has held.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jackson Lewis PC, Private equity, Coronavirus, Paycheck Protection Program, US House of Representatives, Small Business Administration (USA), Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Melissa Ostrower , Robert R. Perry
    Location:
    USA
    Firm:
    Jackson Lewis PC
    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
    What Landlords and Property Managers in New York Need to Know as the Pandemic Continues
    2020-04-22

    As April rent came due, we armed you with what New York landlords and property managers need to know to formulate their business strategy. (Click here to see Part 1.) Payment of rent on April 1 turned out to be a mixed bag, with some properties experiencing a high level of payment or partial payment and some not. Payment of May rent is expected to be worse than April.

    In this Part 2, we update you as the pandemic continues.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Real Estate, Venable LLP, Landlord, Donald Trump, Coronavirus, Commercial tenant, US Senate, US House of Representatives, CARES Act 2020 (USA)
    Authors:
    Caroline Petro Gately , Patrice D. Stavile
    Location:
    USA
    Firm:
    Venable LLP
    Parliament passes legislation to combat illegal phoenixing and prevent improper director resignation
    2020-02-13

    The Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 was passed by both houses of Parliament on 5 February 2020, with an amendment made by the Senate to review the operation and effectiveness of the legislation after five years accepted by the House of Representatives.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, MinterEllison, US House of Representatives
    Authors:
    Michael Hughes
    Location:
    Australia
    Firm:
    MinterEllison
    Small Businesses May Be Able to Retroactively Amend Bankruptcy Petition Under the Small Business Reorganization Act
    2020-08-25

    In August 2019, President Donald Trump signed the Small Business Reorganization Act of 2019 (SBRA or “the Act”) into law in an effort to address the fact that small businesses have struggled to reorganize under Chapter 11 of the Bankruptcy Code. 11 U.S.C. §§ 1181-1195 (Subchapter V). The goal of the Act was to make these bankruptcies faster and cheaper for all the parties involved.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Quarles & Brady LLP, Donald Trump, Coronavirus, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Lauren Beslow
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    The Small Business Reorganization Act: An Unintended Lifeline For Small Businesses Considering Restructuring Due to COVID-19
    2020-08-24

    For years, small business debtors have struggled with the intricacies of Chapter 11, the debt limitations of Chapter 13 and Chapter 7 bankruptcy liquidations. Stringent requirements and procedural hurdles often made restructuring a prohibitively expensive option for many small business debtors. Congress attempted to address these issues with H.R. 3311, the Small Business Reorganization Act (the “SBRA”). The SBRA, which was signed into law on August 23, 2019, creates a new subchapter, Subchapter V, of Chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Coronavirus, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    George B. Cauthen , Randall L. Saunders , Jonah Samples
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Legislative Update
    2020-06-03

    Coronavirus Aid, Relief, and Economic Security (CARES) Act

    Filed under:
    USA, Derivatives, Employment & Labor, Insolvency & Restructuring, Litigation, Jones Day, Donald Trump, Coronavirus, Paycheck Protection Program, Commodity Futures Trading Commission (USA), US Senate, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    ‘Dutch scheme’ adopted by the Dutch Parliament’s House of Representatives
    2020-05-26

    On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate.

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Stibbe, US Senate, US House of Representatives
    Authors:
    Job van Hooff , Daisy Nijkamp
    Location:
    Netherlands
    Firm:
    Stibbe
    Bill Proposes Sweeping Changes to Protect Workers in Chapter 11
    2020-10-06

    On September 29, 2020, the House Judiciary Committee advanced H.R. 7370, Protecting Employees and Retirees in Business Bankruptcies Act of 2020, a Democrat-sponsored bill, to the full chamber. If enacted into law, the bill would usher in considerable changes in commercial bankruptcy cases, including in the areas of executive compensation, employee and retiree benefits, and confirmation of a Chapter 11 plan. Some of the more salient provisions of the bill are listed below; for the complete text of H.R.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US House of Representatives
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

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