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    CARES Act Expands Small Business Reorganization to Enterprises with Up to $7.5 M in Debt
    2020-04-06

    The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act expands the application of the Small Business Reorganization Act of 2019 (SBRA) to more distressed businesses. The SBRA gives qualifying businesses and their owners more leverage to reorganize in bankruptcy court over the objection of creditors. The SBRA process is also less expensive and more streamlined than a typical Chapter 11 case.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Loeb & Loeb LLP, Coronavirus, US Securities and Exchange Commission, CARES Act 2020 (USA)
    Authors:
    William M. Hawkins
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    (Not-So) Small Business Reorganization Act: CARES Act Expands SBRA Eligibility
    2020-04-06

    On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) went into effect. While coverage of the CARES Act has focused primarily on tax relief and provisions to extend loans and other forms of assistance to impacted businesses and individuals, the law also temporarily expanded eligibility for companies seeking bankruptcy protection under the recently enacted Small Business Reorganization Act of 2019 (“SBRA”).

    Filed under:
    USA, Insolvency & Restructuring, Foster Garvey, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Jason Ayres , Deborah Crabbe , Tara Schleicher , Dan Youngblut
    Location:
    USA
    Firm:
    Foster Garvey
    The Impact of the CARES Act on Small Business Reorganizations
    2020-04-03

    Small businesses have traditionally had difficulties reorganizing under Chapter 11 of the Bankruptcy Code. The legal fees necessary to prepare a plan and disclosure statement and navigate the confirmation process were often prohibitively expensive. Further, the reporting requirements and United States Trustee fees mandated by Chapter 11 added significant expenses to the already struggling debtor’s cash flow.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Adams and Reese LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Ron C. Bingham II , John A. Thomson Jr.
    Location:
    USA
    Firm:
    Adams and Reese LLP
    Client Alert: COVID-19 Impact for Manufacturing Companies: Strategies to Flatten the Curve with Customers and the Supply Chain
    2020-04-03

    INTRODUCTION

    Filed under:
    USA, Insolvency & Restructuring, Shumaker Loop & Kendrick, Private equity, Due diligence, Coronavirus, CARES Act 2020 (USA)
    Authors:
    David H. Conaway
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Receivables Factoring: Liquidity in the Time of COVID-19
    2020-04-03

    In these difficult economic times, companies seeking additional liquidity may turn to alternative sources of financing. Companies with assets that can be monetized (e.g., accounts receivable, intellectual property, real estate, equipment, etc.) may discover a number of options available to them. In particular, accounts receivable financing may be an attractive way for certain companies to obtain working capital relatively quickly.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Andrew Colao , Allison R. Liff , Justina Chen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit Distinguishes LLC Membership Interests from Economic Interests in a Security Agreement Conveyance
    2020-04-04

    In Wells Fargo Bank, N.A., f/b/o Jerome Guyant, IRA v. Highland Construction Management Services, L.P. et al., Nos. 18-2450-52 (4th Cir. March 17, 2020), the Fourth Circuit Court of Appeals recently upheld that a borrower’s indirect economic interests in a limited liability company (LLC) were not assigned to a lender under a conveyance in a security agreement assigning mere membership interests, pursuant to Virginia state law.

    Facts

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Fourth Circuit
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    OFAC Extends Expiration Date of General License Related to Nynas AB as Part of Proposed Restructuring
    2020-04-05

    On April 3, 2020, the US Treasury Department’s Office of Foreign Assets Control (“OFAC”) re-issued and extended General License No. 13E (“GL 13E”) to continue the validity period for transactions concerning Nynas AB and its subsidiaries (“Nynas”) that otherwise would be prohibited under Executive Order 13850 or Executive Order 13884 given Nynas’s 50% indirect ownership by Petróleos de Venezuela S.A. (“PdVSA”).

    Filed under:
    USA, Insolvency & Restructuring, Trade & Customs, Baker McKenzie, Office of Foreign Assets Control (USA)
    Authors:
    Nicholas F. Coward , Alexandre (Alex) Lamy
    Location:
    USA
    Firm:
    Baker McKenzie
    Expedited Antitrust Merger Clearances in Bankruptcy
    2020-04-06

    Bankruptcy can provide important advantages to companies considering M&A activity today. M&A purchases of bankrupt companies obviously often feature significantly depressed valuations and a small universe of potentially viable purchasers.

    M&A activity that is part of the bankruptcy process will prioritize speed and efficiency, offering a number of potentially important benefits over the traditional merger process, including:

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White & Case, Federal Trade Commission (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA)
    Authors:
    George L. Paul , Rebecca Farrington , Noah A Brumfield , John D. Donaldson , Anna Kertesz , J. Mark Gidley
    Location:
    USA
    Firm:
    White & Case
    Recrudescence des fraudes au virement
    2020-04-06

    Surfant sur les tensions du marché mondial des produits de protection sanitaire et leurs composants, les escrocs développent les fraudes aux fournisseurs.

    Ayant choisi leur interlocuteur et se faisant passer pour un fournisseur habituel de la société ou une société détenant ces produits ou composants sous tension, ils développent une stratégie fondée sur la rareté et l’urgence pour faire effectuer sans délai des virements pour sécuriser les contrats.

    Les règles de prudence doivent être d’autant plus respectées :

    Filed under:
    USA, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Fraud
    Authors:
    Guillaume Forbin , Marie Davy , Marie Gayno , Maxime Gouzes-Lecamus
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    You’ve Cut Costs, Laid Off, or Furloughed Employees. Now What?
    2020-04-06

    As COVID-19 wreaks havoc on people around the world, it is also severely disrupting numerous companies’ health, balance sheets, and ability to survive. The impact is already manifesting itself as businesses temporarily suspend operations and furlough their employees as revenue is lost and expenses mount. It is inevitable that many of these companies, especially those that were already distressed prior to the COVID-19 crisis, will need to restructure their debts.

    Restructuring Leases, Other Contracts, and Loans

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Montgomery McCracken Walker & Rhoads LLP, Landlord, Coronavirus
    Location:
    USA
    Firm:
    Montgomery McCracken Walker & Rhoads LLP

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