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    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
    When Financial Stress Turns to Distress-Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox
    2020-04-01

    When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster

    Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Lowenstein Sandler LLP, Bankruptcy, Coronavirus, Title 11 of the US Code
    Authors:
    Kenneth A. Rosen , Bruce D. Buechler , Jeffrey Cohen , Jeffrey D. Prol , Andrew David Behlmann , Eric Chafetz , Joseph J. DiPasquale , Michael S. Etkin , Robert M. Hirsh , Wojciech F. Jung , Bruce S. Nathan , Mary E. Seymour
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Minnesota Governor Restricts Debt Collectors from Working in the Office
    2020-04-01

    On March 27, Minnesota Gov. Tim Walz clarified that Executive Order 20-20, which directed Minnesota residents to stay at home, applies to debt collection professionals. Due to ongoing coronavirus (“COVID-19”) concerns, Executive Order 20-20, which will remain in effect until April 10, 2020, orders all persons living in the State of Minnesota to stay at home except to engage in exempted activities and critical sector work.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Troutman Pepper, Cybersecurity, Coronavirus
    Authors:
    Jessica Lohr , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    To Supply or Not Supply Goods: Credit Risks and Remedies in Uncertain Times
    2020-04-02
    • The COVID-19 pandemic has shifted the underwriting analysis for suppliers and creditors from customer-specific financial review to global health and macroeconomic analyses that are outside of the comfort zone of most company credit managers.
    • Credit managers have seen their customers in long-thriving industries (e.g., travel, hospitality, entertainment) face a sharp and sudden loss of revenue.
    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Coronavirus
    Authors:
    John J. Monaghan , Lynne B. Xerras
    Location:
    USA
    Firm:
    Holland & Knight LLP
    M&A in the COVID Era - Part I - Dealing with Distress: Strategies for Buyers of Distressed Targets in the Post-COVID-19 Era
    2020-04-02

    As many traditional private company buyers take a “wait and see” approach to dealmaking, pausing or cancelling their active transactions, many are scanning the horizons for new opportunities outside of their traditional comfort zones. In addition to scoping targets in COVID-19–relevant industries, many are looking for unique value propositions and approaching historically healthy and stable targets that are experiencing distress during the pandemic.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Mintz, Landlord, Due diligence, Coronavirus
    Location:
    USA
    Firm:
    Mintz
    Small Business Chapter 11 Eligibility Expanded Under CARES Act
    2020-04-02

    President Trump signed the Small Business Reorganization Act of 2019 (the “SBRA”) into law in August of last year and it became effective on February 20, 2020. The SBRA amended the U.S. Bankruptcy Code and is designed to simplify and shorten the reorganization process for “small businesses” and to make the entire process more cost effective. At the same time that the SBRA was coming online, the U.S. economy experienced a severe downturn as a result of the COVID-19 pandemic.

    Filed under:
    USA, Insolvency & Restructuring, Mintz, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Mintz
    FERC/Bankruptcy Court Concurrent Jurisdiction
    2020-04-02

    A new chapter has begun in the ongoing saga to clarify the role of the Federal Energy Regulatory Commission (FERC) in bankruptcy proceedings involving FERC-jurisdictional contracts. In a March 30 order, the FERC identified how it will exercise its jurisdiction under the Federal Power Act (FPA) concurrently with the Bankruptcy Court with regard to the proposed rejection of FERC-jurisdictional contracts in bankruptcy.[1]

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Day Pitney LLP
    Authors:
    Eric K. Runge , Paul N. Belval , Joshua W. Cohen
    Location:
    USA
    Firm:
    Day Pitney LLP
    Breaking Down the 2019 Small Business Reorganization Act
    2020-04-02

    The federal government made bankruptcy a viable option for small businesses with the passage of the Small Business Reorganization Act of 2019 (SBRA). The act, which became effective Feb. 19, is designed for smaller businesses that cannot afford the high administrative fees and costs associated with traditional Chapter 11 reorganizations.

    Filed under:
    USA, Insolvency & Restructuring, Phelps Dunbar LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Danielle Mashburn-Myrick , Patrick "Rick" M. Shelby
    Location:
    USA
    Firm:
    Phelps Dunbar LLP

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