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    Computing Time for a Filing Deadline: Should You Count a Day When a Clerk’s Office is Closed?
    2020-09-14

    This post concerns computation of time under Bankruptcy Rule 9006. The specific issue addressed is whether a bankruptcy court — when computing a filing deadline — should count a day when its clerk’s office is closed, even if the electronic filing system is available. In a recent case, a federal district judge explained why in his view the day shouldn’t be counted. Labbadia v. Martin (In re Martin), No. 3:20-cv-939, 2020 WL 5300932, (SRU) (D. Conn. Sept. 4, 2020).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Hotel Bankruptcies: 8 Key Issues for Hospitality Advisors
    2020-09-14

    The COVID-19 pandemic has forced many hospitality professionals and their clients to confront bankruptcy, insolvency, and loan workout issues for the first time since the Great Recession. Chapter 11 presents a host of unique issues for hotels and other hospitality businesses. This article highlights a few key chapter 11 bankruptcy concepts for non-bankruptcy lawyers and other industry professionals to consider as they advise their distressed clients in the coronavirus environment.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Buchalter, Coronavirus, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Julian Gurule
    Location:
    USA
    Firm:
    Buchalter
    Straightening Their Tenant’s Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy
    2020-09-10

    Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Coronavirus, Title 11 of the US Code
    Authors:
    Vanessa P. Moody
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Tenth Circuit Limits Bankruptcy Protections for Private Student Loans
    2020-09-10

    Millions of Americans are grappling with student debt on top of the challenges posed by the coronavirus pandemic and the economic recession. Unlike other categories of personal debt, most student loans are nondischargeable absent a showing that the debtor is experiencing an “undue hardship.” Of the over $1.6 trillion in student loan debt, over $50 billion is comprised of private loans. On August 31, 2020, in McDaniel v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Thompson Hine LLP, Coronavirus, Fifth Circuit, Tenth Circuit
    Authors:
    Jessica E. Salisbury-Copper , Jennifer L. Maffett-Nickelman , Jessica Kincaid
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Third Circuit Considers the Scope of “Matters Addressed” in CERCLA Settlements
    2020-09-11

    This week, the Third Circuit issued an opinion in NJDEP v. American Thermoplastics Corp et al., No. 18-2865, which adds a new wrinkle on CERCLA section 113(f)(2), which bars non-settling parties from bringing claims for contribution against settling parties, while also placing new emphasis on CERCLA section 104 cooperative agreements in the context of settlements.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Third Circuit
    Authors:
    Caleb J. Holmes
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Governance News 9 September 2020
    2020-09-09

    COVID-19 Key Developments __ Top Story | COVID-19:Temporary amendments to insolvency laws extended to 31 December 2020 On 7 September The Treasurer and the Attorney General issued a joint statement announcing that the government plans to extend temporary insolvency and bankruptcy protections for businesses impacted by the COVID-19 pandemic until 31 December 2020. MinterEllison's Michael Hughes has released an article providing an expert summary of the changes. This can be accessed on our website here.

    Filed under:
    Australia, USA, Capital Markets, Competition & Antitrust, Insolvency & Restructuring, Litigation, MinterEllison, Corporate governance, Cybercrime, Fintech, Cybersecurity, Australian Competition and Consumer Commission
    Location:
    Australia, USA
    Firm:
    MinterEllison
    Transferring Personally Identifiable Information in Bankruptcy M&A
    2020-09-09

    With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

    Filed under:
    Global, USA, Insolvency & Restructuring, IT & Data Protection, Weil Gotshal & Manges LLP, Personal data, Title 11 of the US Code, GDPR, California Consumer Privacy Act 2018 (USA)
    Authors:
    Randi W. Singer , Olivia J. Greer , Eliza Cotter
    Location:
    Global, USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit Holds That So-Called “Flip” Clause Payments Are Protected by Section 560 of the Bankruptcy Code
    2020-09-08

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Kramer Levin Naftalis & Frankel LLP, Collateralized debt obligation, Credit default swap, Title 11 of the US Code, Trustee, Second Circuit
    Authors:
    Fabien Carruzzo , David E. Blabey, Jr , Hunter Blain
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Client Alert: Chapter 11 Filings Surge: Winning Solutions for Suppliers in a Zero-Sum Game
    2020-09-08

    According to the American Bankruptcy Institute, 3,600 companies filed Chapter 11 in the first half of 2020. Chapter 11 filings for 2020 are on pace to eclipse any year since 2012. During the same period, businesses worldwide sold $2.1 trillion of bonds, up 50 percent from 2019, according to the July 17, 2020 New York Times.

    Filed under:
    USA, Insolvency & Restructuring, Shumaker Loop & Kendrick, Private equity, Due diligence, Coronavirus, Title 11 of the US Code
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Insolvencies in Hong Kong in a post-COVID-19 World
    2020-09-07

    The Situation in Hong Kong

    COVID-19 has created unforeseen challenges to businesses all over the world, resulting in many companies being unable to survive the pandemic. Hong Kong has been no exception. In Hong Kong, according to data published by the Hong Kong Government’s Official Receiver’s Office, in the first seven months of the year, 5219 compulsory bankruptcy petitions and 247 compulsory winding-up petitions were presented, representing 13.7% and 5.1% year-on-year increase respectively. The effect of COVID-19 may yet be fully reflected by these figures.

    Filed under:
    Hong Kong, Singapore, United Kingdom, USA, Insolvency & Restructuring, Gall, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Evelyn Chan , Kenix Yuen
    Location:
    Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Gall

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