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    What Small Businesses Need to Know About Restructuring Under Subchapter V and the CARES Act
    2020-04-03

    On February 19, the Small Business Restructuring Act (SBRA) — the most significant change to the Bankruptcy Code in 15 years — went into effect. The SBRA, also known as Subchapter V of Chapter 11, removed numerous barriers that had long prevented small businesses from reorganizing in bankruptcy. On March 27, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) went a step further and significantly expanded eligibility under Subchapter V by raising the debt limit from $2.7 million to $7.5 million. This overview answers key questions about how these new laws work.

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Deborah Kovsky-Apap
    Location:
    USA
    Firm:
    Troutman Pepper
    The Katz Principle Resurgent: State Sovereign Immunity Remains Abrogated in Bankruptcy
    2020-04-03

    State governments can be creditors of individuals, businesses and institutions that are debtors in bankruptcy in a variety of ways, most notably as tax and fine collectors but also as lenders. They can also be debtors of debtors, in their role, for example, as the purchasers of vast quantities of goods and services on credit. And they can also be transferees of a debtor’s property in (at least) every role in which they can be creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Navigating Discounted Debt Repurchases
    2020-04-03

    As markets react to the Coronavirus Disease 2019 (COVID-19) pandemic, the trading prices of loans and notes have declined. In light of these developments, borrowers and their affiliates, including private equity sponsors, are considering whether to buy back outstanding debt at a discount. In analyzing the potential benefits and drawbacks of pursuing debt repurchases, borrowers and private equity sponsors should consider the following:

    Outstanding Debt Documents

    Filed under:
    USA, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Corporate governance, Private equity, Coronavirus
    Authors:
    Lee T. Barnum , Neil Caddy , Kathryn Cecil , Ryan L. Conley , Joseph E. Fox , Jons F Lehmann , Meredith L. Mackey , Hana Nah , J. Christian Nahr , Alexander J. Panisch , Carole J. Rosenberg , Ezra Schneck , Eli Weiss
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson 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
    Strategies for Portfolio Companies During Financially Unpredictable Times
    2020-03-30

    Ice Miller is carefully monitoring the rapidly changing developments of the coronavirus (COVID-19) pandemic. It is our goal to provide you with the most up-to-date information available, along with advice on best practices and strategies to minimize loss and maximize long-term financial stability.

    Below are some strategies for assessing exposure and preparing and responding to bad debt, slow-paying or delinquent counter-parties, bankruptcies or related creditors' rights litigation. Note: The steps and strategies below should be pursued simultaneously despite the numbered steps.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Ice Miller LLP, Corporate governance, Coronavirus, Title 11 of the US Code
    Authors:
    Louis T. DeLucia , John R. Acquaviva , Thomas Kesoglou , David S. Kolodny
    Location:
    USA
    Firm:
    Ice Miller LLP
    CARES Act Offers Small Businesses Enhanced Opportunities Under Chapter 11 Bankruptcy
    2020-03-30

    The Coronavirus Aid, Relief and Economic Security Act of 2020 (“CARES Act”) which Congress approved last week, together with the Small Business Reorganization Act of 2019 (the “SBRA”) which became effective on February 19, 2020, will make Chapter 11 bankruptcy protection much more attractive for small business debtors.

    Filed under:
    USA, Insolvency & Restructuring, Womble Bond Dickinson (US) LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Jeffrey L. Tarkenton , Matthew P. Ward , James Livermon III
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Coronavirus (COVID-19): Dealing with Customers in Financial Distress
    2020-03-31

    The COVID-19 pandemic is a public health crisis unprecedented in modern history, and the resulting economic dislocation has caused financial distress across supply chains worldwide. In light of this extraordinary crisis—and in anticipation of a wave of defaults by businesses large and small in the months to come—shippers, vendors, and other suppliers are assessing their potential exposures in the event of a customer failure.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Morrison & Foerster LLP, Coronavirus, US Securities and Exchange Commission
    Authors:
    Jennifer L. Marines , Andrew Kissner
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    The CARES Act: Expansion of Bankruptcy Protections for Small Businesses
    2020-03-31

    The newly enacted Coronavirus Aid, Relief and Economic Security Act (CARES Act) contains some significant bankruptcy-related provisions, including those which amend the Small Business Reorganization Act of 2019 (SBRA) to make bankruptcy relief available to an increased number of small businesses.

    For those who are contemplating the need to develop a bankruptcy strategy – and for creditors evaluating a debtor’s bankruptcy plan – it is important to understand these changes in the law.

    Filed under:
    USA, Insolvency & Restructuring, Greenbaum, Rowe, Smith & Davis LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    David L. Bruck
    Location:
    USA
    Firm:
    Greenbaum, Rowe, Smith & Davis LLP
    Recent Court Decisions Clarify When Asbestos Tort Claims Against Reorganized Debtors Are Effectively Enjoined
    2020-03-31

    Three recent court decisions address the scope and limits of bankruptcy injunctions barring future asbestos claims. The decisions – from the Second Circuit Court of Appeals, a Maryland bankruptcy court, and the Montana Supreme Court – underscore that (i) broad notice of proposed injunctions is critical and (ii) channeling injunctions under § 524(g) of the Bankruptcy Code apply only to liabilities that are derivative of the debtor’s liabilities, not to a company’s own liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Crowell & Moring LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark D. Plevin
    Location:
    USA
    Firm:
    Crowell & Moring LLP

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