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    A Realistic Survival Option For Small Businesses - Relief Under The Small Business Reorganization Act
    2020-03-28

    No one can yet predict the overall effect the COVID-19 pandemic will have on the economy in the long run. However, the immediate impact on small businesses seems readily apparent. The dramatic disruption has impeded cash flow and upset daily operations to the point that some business owners question whether recovery is possible.

    Should a business find themselves in that unfortunate position, there is relief available under Chapter 11 of the Bankruptcy Code, but the Chapter 11 process can be unwieldy and expensive for small or even medium-sized businesses.

    Filed under:
    USA, Insolvency & Restructuring, Dickinson Wright, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Carolyn J. Johnsen
    Location:
    USA
    Firm:
    Dickinson Wright
    Congress’ Third Major Coronavirus Legislation Makes Bankruptcy Relief for Potential and Current Individual Debtors Easier
    2020-03-30

    On Friday March 27, 2020, President Trump signed into law the third major piece of coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security Act (CARES). The new law contains several amendments to the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Donald Trump, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Glenn E. Glover , James Blake Bailey
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Medicare and Medicaid Developments in Health Care Bankruptcies
    2020-03-30

    In 2019, the increased wave of distressed health care companies continued, and with downward pressure on reimbursement rates, regulatory changes, decreased occupancy rates and technological advances, this trend is unlikely to subside in 2020.

    Health care providers often are heavily dependent on revenues from government programs such as Medicare and Medicaid, accounting for nearly 40% of national health care spending in 2018. Therefore, a Medicare payment suspension could cripple a health care provider.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Medicare, Medicaid, Title 11 of the US Code
    Authors:
    James J Mazza Jr , Jason N Kestecher , Justin M. Winerman
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    COVID-19: How the CARES Act Will Impact Chapter 7 and Chapter 13 Consumer Bankruptcies
    2020-03-30

    On March 27, 2020, the President signed into law the historic Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” or “Act”), a $2.2 trillion stimulus package designed to mitigate the widespread economic effects of the novel coronavirus (“COVID-19”). The Act includes several temporary modifications to chapter 7 and chapter 13 of the U.S. Bankruptcy Code.[1] This alert details these modifications as follows:

    Certain Federal Payments Excluded From Definition of “Income”

    Filed under:
    USA, Insolvency & Restructuring, K&L Gates LLP, Bankruptcy, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Phoebe S. Winder , Ryan M. Tosi , Stacey Gorman , Emily Mather
    Location:
    USA
    Firm:
    K&L Gates LLP
    COVID-19 Update: The CARES Act Expands Access to Bankruptcy Relief
    2020-03-30

    On March 27, 2020, President Donald J. Trump signed a $2 trillion stimulus package in response to the unprecedented chilling impact of COVID-19 on the U.S. economy. With the goal of providing widespread economic relief to an economy which unexpectedly has ground to a halt, the Coronavirus, Aid, Relief and Economic Security Act (“CARES Act”) temporarily provides greater access to bankruptcy relief for small businesses.

    Filed under:
    USA, Insolvency & Restructuring, Hopkins & Carley, Donald Trump, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Ross G. Adler , Andrew Ditlevsen , Erika J. Gasaway , Sepi Ghiasvand , Marie K. Gribble , Monique Jewett-Brewster , Breck E. Milde , Liam J. O'Connor , Chuck Reed , Jay M. Ross
    Location:
    USA
    Firm:
    Hopkins & Carley
    2019 Energy Year in Review
    2020-03-30

    2019 was a momentous year for the energy sector: The U.S. became a net oil exporter for the first time in recorded history and at the same time energy dropped to less than five percent of the S&P 500 Index. With the precipitous drop in commodity prices and macroeconomic volatility triggered by the oil price war and COVID-19 pandemic, 2020 presents challenges and change for the global and domestic energy sectors. We thank all of our valued clients and look forward to working with you to anticipate and solve problems and capitalize on industry and global trends.

    Filed under:
    USA, Capital Markets, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Projects & Procurement, Akin Gump Strauss Hauer & Feld LLP, Hedge funds, Coronavirus
    Location:
    USA
    Firm:
    Akin Gump Strauss Hauer & Feld LLP
    COVID-19 Stimulus Bill Temporarily Amends the Bankruptcy Code to Expand Relief for Small Business and Individual Debtors
    2020-03-30

    On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act.”The legislation includes a historic $2 trillion aid package intended to stabilize the U.S. economy and provide disaster relief aid to American citizens and businesses impacted by the COVID-19 pandemic. The emergency aid package, which is by far the largest in American history, contains many provisions focused on providing relief. Among these are certain temporary amendments to Title 11 of the United States Code (the “Bankruptcy Code”).

    Filed under:
    USA, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Robin Russell , Nathan Kramer , Jennifer E. Wuebker
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Supplier Rights and Remedies When Dealing with Financially Troubled Customers
    2020-03-30

    Various rights and remedies exist for suppliers of goods that are not often utilized and frequently not even known to suppliers. If used and done properly, these rights and remedies are an excellent tool to help suppliers minimize risk and maximize recovery when selling to financially troubled customers.

    Filed under:
    USA, Insolvency & Restructuring, Ice Miller LLP, Coronavirus
    Authors:
    Nicholas A. Casto , Jason M. Torf
    Location:
    USA
    Firm:
    Ice Miller LLP
    Licensees And Licensors Need To Prepare For Potential Bankruptcies Caused By COVID-19
    2020-03-30

    We are in unprecedented times. The current COVID-19 pandemic will not only have an impact on the physical health of our country, but the economic health of our country as well. Increased bankruptcy filings are a virtually certainty and this raises concerns of many, including licensors and licensees of intellectual property. What should these parties be thinking about given the coming uptick in bankruptcies?

    From the Licensee’s Perspective

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Due diligence, Coronavirus
    Authors:
    Mark A. Salzberg , Ivan Rothman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    CARES Act Provides Limited Bankruptcy Relief
    2020-03-30

    On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which provides $2 trillion in economic stimulus for industries and individuals faced with challenges from the COVID-19 coronavirus.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Morrison & Foerster LLP, Donald Trump, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Mark Alexander Lightner , Katherine E. Richardson Arnould
    Location:
    USA
    Firm:
    Morrison & Foerster LLP

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