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    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
    Court Holds Environmental Penalties Are Dischargeable In Bankruptcy
    2020-04-01

    In an opinion issued on March 24, 2020, the District Court for the District of Delaware held that pre-petition environmental fines accrued by Exide Technologies were dischargeable debts in Exide’s Chapter 11 bankruptcy case and that penalties that Exide accrued during the pendency of its bankruptcy case were not entitled to administrative priority. South Coast Air Quality Management District v. Exide Technologies, Civ. No. 19-891 (D. Del. March 24, 2020).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Manko Gold Katcher & Fox
    Location:
    USA
    Firm:
    Manko Gold Katcher & Fox
    CARES Act: Bankruptcy Provisions
    2020-04-01

    The “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) includes bankruptcy-specific provisions that provide enhanced relief for individuals and businesses that have been negatively impacted by the coronavirus outbreak.

    Filed under:
    USA, Insolvency & Restructuring, Miller Canfield PLC, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Ronald Spinner , Marc N. Swanson
    Location:
    USA
    Firm:
    Miller Canfield PLC
    CARES Act Temporarily Expands Certain Bankruptcy Relief Available to Small Businesses
    2020-04-01

    As American individuals, employers, and governments are implementing various restrictions from social distancing to quarantines to reduce the rate of new COVID-19 infections, each of these decisions results in an increasingly negative impact on the American economy. Even with the recent financial aid package passed by Congress, with greater credit constraints and a heightened sensitivity to weak consumer demand, small businesses are among those hit the hardest by COVID-19 restrictions.

    Filed under:
    USA, Insolvency & Restructuring, Winston & Strawn LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Gregory M. Gartland , Carrie V. Hardman , Lauren Randle
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Court relieves administrators of personal liability for rent
    2020-04-01

    The Australian Federal Court has made orders relieving the administrators of retailer Colette from personal liability for rent in response to the COVID-19 crisis and the current uncertainty in respect of government policy about rent relief for tenants: see

    What you need to know

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Baker McKenzie, Landlord, Coronavirus, Commercial tenant
    Authors:
    David Walter , Peter Lucarelli , Ian Innes , Heather Sandell , Sebastian Busa , Caroline Ho , David P. Jones , Roy Melick , Graeme Dickson , Dora Stilianos , Bruce Webb
    Location:
    USA
    Firm:
    Baker McKenzie
    COVID-19: Small Business Bankruptcy Relief
    2020-04-01

    Last week, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, implementing broad relief for individuals and businesses affected by COVID-19. One of the sections of the CARES Act receiving less attention is a temporary amendment to the Bankruptcy Code to provide streamlined reorganization procedures for businesses with debt of less than $7.5 million.

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Authors:
    KRISTIN S. ELLIOTT
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Chapter 11—CARES Act Expands Reach of the Small Business Debtor Reorganization Act of 2019
    2020-03-30

    Smaller Chapter 11 Cases Will Impact Many and Move Swiftly

    One provision of the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act makes available to a greatly expanded group of small businesses what is viewed as a cost-effective and time-saving bankruptcy reorganization process.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Manatt Phelps & Phillips LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Carl L. Grumer , Ivan L. Kallick
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    COVID-19: Common U.S. Tax Considerations During an Economic Downturn
    2020-03-30

    Amidst the uncertainty in the global capital markets introduced by the COVID-19 pandemic, many clients have begun to plan for an economic downturn. This briefing, while not exhaustive, highlights certain U.S. tax issues that clients, both debtors and creditors alike, should consider as they plan around the rapidly evolving economic environment.

    Debt Restructurings and Modifications

    Filed under:
    USA, Insolvency & Restructuring, Tax, Sidley Austin LLP, Coronavirus, Tax Cuts and Jobs Act 2017 (USA), CARES Act 2020 (USA)
    Authors:
    Suresh T. Advani , Laura M. Barzilai , Daniel Altman , Richard M. Silverman , Edwin E. Choy
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Chapter 11 Bankruptcy is Now Much More Accessible and Practical for Many Businesses at a Time When It Is Needed the Most
    2020-03-28

    The extent and breadth of changes brought to the United States, and indeed, the world, by COVID-19 will probably not be fully understood for a long time.  There are, however, several legislative changes made in recent days that are likely to have an immediate impact on small businesses.  One that should be important for those advising small businesses in economic crisis are the amendments to The Small Business Reorganization Act of 2019 (H.R.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, FisherBroyles LLP, Coronavirus, US House of Representatives
    Authors:
    Patricia B. Fugée
    Location:
    USA
    Firm:
    FisherBroyles LLP

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