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    Steps To Take if This Pandemic Is Hurting Your Business
    2020-04-09

    Many companies are currently experiencing dramatic reductions in revenues due to the COVID-19 pandemic. Such companies (along with their investors and creditors) are justifiably concerned that they may need to restructure and even potentially seek bankruptcy protection. Below is a list of items that any potentially distressed company should attend to as soon as possible to increase the likelihood of obtaining the most favorable outcome under the circumstances.

    I. Focus on Cash

    Filed under:
    USA, Banking, Insolvency & Restructuring, Cahill Gordon & Reindel LLP, Coronavirus
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Airline Insolvencies
    2020-04-09

    As the impact of COVID-19 is felt across the globe, many airlines have grounded their fleet, ceased operating flights, and are potentially in breach of any financial covenants that they may have in their debt or lease documents, if not already in technical insolvency.

    If an airline does go into insolvency, what should banks and lessors do to protect their assets? What issues, practical and legal, should they be aware of?

    The Warning Signs

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Winston & Strawn LLP, Coronavirus
    Authors:
    Daniel R. Meagher , Alison Weal
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Equitable Arguments in Bankruptcy During the COVID-19 Pandemic
    2020-04-09

    A new trend is brewing in bankruptcy courts: debtors are increasingly able to use the courts’ general equitable powers for assistance in weathering the current economic storm. These pandemic-related equitable arguments may significantly impact the marketplace—positively or negatively depending on your position—specifically as it relates to lease performance and also in general.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Akerman LLP, Landlord, Coronavirus, Title 11 of the US Code
    Authors:
    Thomas B. Fullerton , John E. Mitchell , Mary Katherine Fackler , Michael D. Napoli
    Location:
    USA
    Firm:
    Akerman LLP
    Potential bankruptcy strategies for stakeholders in real estate transactions; relevant provisions of the U.S. Bankruptcy Code
    2020-04-09

    In light of the ongoing economic impacts of the COVID-19 pandemic, and although Chapter 11 of the U.S. Bankruptcy Code pertains to many industries, there are certain real estate related provisions of which owners and tenants should remain particularly aware in planning strategies to cope with the fallout from the current health crisis.

    To raise awareness in that regard, the following is a general summary of some of the more critical provisions of the Code.

    Single Asset Real Estate Entity

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Greenbaum, Rowe, Smith & Davis LLP, Coronavirus, Title 11 of the US Code
    Authors:
    David L. Bruck
    Location:
    USA
    Firm:
    Greenbaum, Rowe, Smith & Davis LLP
    Announcement of Bankruptcy Filing Foreshadows What's to Come
    2020-04-09

    The sudden fall of the oil market is already wreaking havoc on companies, and recent bankruptcy filings may be just the beginning.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Phelps Dunbar LLP, Coronavirus
    Authors:
    Patrick "Rick" M. Shelby
    Location:
    USA
    Firm:
    Phelps Dunbar LLP
    The CARES Act, Consumer Bankruptcy, and Mortgage Servicing: What to Know and Potential Pitfalls
    2020-04-09

    Enacted March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) places short-term obligations and restrictions on lenders and servicers of federally backed loans. As part of these limitations due to Coronavirus Disease 2019 (COVID-19), lenders and servicers are temporarily subject to moratoriums on foreclosures, mandatory forbearance obligations, and revised credit reporting obligations.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Greenberg Traurig LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Michele L. Stocker , Jacob D. Bundick , Michael R. Hogue
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Unionized Covid-19 Loan Recipients Face Troubling Non-Abrogation Commitment
    2020-04-10

    In an increasingly desperate business climate, thousands of businesses are expected to apply for emergency loans created by the Coronavirus Aid Relief and Economic Security Act (CARES Act) – but unionized employers may want to think twice before walking this path. Certain commitments necessary to secure these loans– including a commitment not to abrogate existing collective bargaining agreements – could impact your labor relations strategy well beyond the course of the COVID–19 emergency.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Fisher Phillips, Coronavirus, National Labor Relations Board (USA), CARES Act 2020 (USA)
    Authors:
    Clyde Jacob III
    Location:
    USA
    Firm:
    Fisher Phillips
    Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
    2020-04-11

    In Thakkar v. Bay Point Capital Partners, LP (In re Bay Circle Properties, LLC), 2020 WL 1696303 (11th Cir. Apr. 8, 2020), the Eleventh Circuit dismissed an appeal because the only appellant remaining after a settlement lacked Article III standing (and in any event failed to meet the “person aggrieved doctrine” standard for appealing a bankruptcy court order).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    BACK TO BASICS, Continued—Common Mistakes Made in the Loan Office
    2020-04-07

    Operating a consumer finance company in normal times is no simple process—in the on-going pandemic, it is even tougher.  

    This may be a good time to step back a minute to examine the most common mistakes that we see made by finance companies.  I offer the following for your consideration:  

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Sirote & Permutt PC, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Maurice L. Shevin
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Bankruptcy and Credits’ Rights Issues for Employers Terminating Employees
    2020-04-07

    In response to the coronavirus (COVID-19) pandemic, many employers in various industries have been reducing hours and pay, or in many cases, closing their sites indefinitely. Employers can reference the article below for strategic ways to limit their liability when terminating or laying off employees during the coronavirus pandemic and contact Ice Miller LLP for additional information and assistance.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Ice Miller LLP, Force majeure, Coronavirus
    Authors:
    Tami A. Earnhart , John D. Giampolo
    Location:
    USA
    Firm:
    Ice Miller LLP

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