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    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
    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
    Sears (MOAC v. Transform): Landlord May Rest (Adequately) Assured of ‘Similar’ Financial Condition and Operating Performance, But Not Necessarily Tenant Mix
    2020-03-31

    Introduction

    A recent decision from the United States District Court for the Southern District of New York (the District Court) in the bankruptcy cases of Sears Holdings Corp. may loom large in a day and age when shopping mall operators are seeking creative alternatives to the traditional, retail-oriented anchor-store business model.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Lowenstein Sandler LLP, Bankruptcy, Private equity, Landlord
    Authors:
    Joseph J. DiPasquale , Ted Hunter , Daniel A. Suckerman , Michael Papandrea
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    CARES Act Enhances Eligibility for Small Businesses to Declare Bankruptcy
    2020-04-01

    On February 19, 2020, the federal Small Business Reorganization Act (SBRA) took effect, providing qualifying small businesses access to a streamlined and less expensive version of the traditional Chapter 11 bankruptcy process. On the heels of SBRA, and in light of the coronavirus outbreak, the March 27, 2020 enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided further relief and opportunity to small businesses by including particular bankruptcy provisions.

    Eligibility to File Bankruptcy under the SBRA and CARES Act

    Filed under:
    USA, Insolvency & Restructuring, Lewis Rice LLC, Coronavirus, CARES Act 2020 (USA)
    Authors:
    John J. Hall , Joseph J. Trad , Larry E. Parres
    Location:
    USA
    Firm:
    Lewis Rice LLC

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