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    CARES Act | Important CARES Act Provisions for Financial Institutions
    2020-03-27

    The CARES Act includes actions specifically designed to provide various levels of temporary regulatory relief to financial institutions and to support the financial services industry as a whole. Following are the key areas in which the CARES Act provides relief to the financial services industry:

    Up to $500 Billion in Emergency Liquidity for Eligible Businesses

    Filed under:
    USA, Banking, Insolvency & Restructuring, Kilpatrick Townsend & Stockton LLP, Coronavirus, Federal Deposit Insurance Corporation (USA), US GAAP, CARES Act 2020 (USA), US Secretary of the Treasury
    Authors:
    Gary R. Bronstein , Christina M. Gattuso , Edward G. Olifer , Stephen F. Donahoe , Dongyu Eddie Wang
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    COVID-19: The Impact of COVID-19 on the Bankruptcy Court System
    2020-03-27

    Across the country, the COVID-19 pandemic has significantly impacted the justice system. In many State and Federal courts, jury trials have been suspended and court hearings are limited to only criminal and emergency civil matters. Yet the Bankruptcy Courts, given the unique role they play in times of financial distress, are largely open for business, relying on electronic filing and conducting hearings by teleconference.

    Filed under:
    USA, Insolvency & Restructuring, Buchalter, Coronavirus, Title 11 of the US Code
    Authors:
    Daniel H. Slate , Anthony Napolitano , Brian T. Harvey , Michael S. Myers
    Location:
    USA
    Firm:
    Buchalter
    Bankruptcy Implications of the COVID-19 Relief Legislation
    2020-03-27

    Congress passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act), providing a two trillion dollar economic stimulus for U.S. industries and citizens affected by the COVID-19 coronavirus. The legislation is expected to be signed into law shortly. Included in this legislation are provisions to provide financially distressed consumers and small businesses greater access to bankruptcy relief.

    Filed under:
    USA, Insolvency & Restructuring, Graydon Head & Ritchey LLP, Coronavirus, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Jeffrey M. Hendricks
    Location:
    USA
    Firm:
    Graydon Head & Ritchey LLP
    Restructuring Considerations: Making the Most of Stimulus Relief
    2020-03-27

    On March 26, 2020, the Senate approved a roughly $2 trillion stimulus package—the biggest economic stimulus in recent U.S. history—in response to the COVID-19 pandemic. This economic relief provides expanded protections for American families, workers, and businesses affected by the public health and economic crisis.

    The key measures included in the package are:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Squire Patton Boggs, Donald Trump, Coronavirus, US Securities and Exchange Commission, US Senate
    Authors:
    Karol K. Denniston , Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    COVID-19 Entertainment Update: Silver Linings Playbook for Entertainment Companies
    2020-03-27

    The global coronavirus (COVID-19) crisis continues to have a devastating impact across all segments of the entertainment industry.

    Filed under:
    USA, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Media & Entertainment, Skadden Arps Slate Meagher & Flom LLP, Private equity, Force majeure, Coronavirus, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Families First Coronavirus Response Act 2020 (USA)
    Authors:
    Karen L. Corman , Van C. Durrer II , David C. Eisman
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Bankruptcy Courts: Open for Business
    2020-03-27

    During challenging economic times, Bankruptcy Courts serve an essential governmental and financial function. The COVID-19 outbreak has forced closures of businesses and governmental entities throughout the country, resulting in a cascade of financial distress across virtually every economic sector. The nation’s courts have not been immune from disruptions. Nearly all State Courts and Federal District Courts in major metropolitan areas have suspended non-emergency civil proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Coronavirus
    Authors:
    James B. Sowka
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Congress Expands Small Business Bankruptcy Relief in Historic Coronavirus Aid Bill
    2020-03-27

    Bankruptcy & Creditors’ Rights Alert

    Small businesses often struggle to reorganize in bankruptcy. To address this issue, Congress passed the Small Business Reorganization Act of 2019. The act took effect in February 2020 and makes small business bankruptcies faster and less expensive. At the time of enactment, the act only applied to business debtors with secured and unsecured debts less than $2,725,625.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Coronavirus, Small Business Administration (USA), Title 11 of the US Code
    Authors:
    James Blake Bailey , Andrew J. Shaver
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    CARES Act to Expand the Scope of the Small Business Reorganization Act
    2020-03-26

    Following Wednesday night’s late-night Senate passage of the Coronavirus Aid, Relief and Economic Security (CARES Act), the bill was sent to the House of Representatives. The House will convene Friday morning at 9:00 a.m. to begin consideration of the CARES Act (H.R. 748).

    The CARES Act expands earlier versions of two pieces of legislation to help individuals and businesses harmed by the COVID-19 pandemic.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Michael Best & Friedrich LLP, Coronavirus, US Senate, US House of Representatives, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Joseph D. Brydges , John D. Finerty, Jr. , Justin M. Mertz
    Location:
    USA
    Firm:
    Michael Best & Friedrich LLP
    Preparing for a Joint Venture Partner’s Bankruptcy in the Aftermath of COVID-19 and an Oil Price Collapse
    2020-03-26

    As the U.S. energy industry comes to grips with the most dire economic crisis in its history, wrought by an invisible virus and global oil price war, and with many exploration and production (E&P) producers substantially adjusting their capital and maintenance budgets, all parties must carefully assess their partners’ financial positions. The bankruptcy filing of a joint venture partner (whether operator or nonoperator) can lead to substantial problems for the other joint venture partner(s) and potentially hamstring operations on the co-owned lands.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Akin Gump Strauss Hauer & Feld LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Gabriel Procaccini , Sarah Schultz
    Location:
    USA
    Firm:
    Akin Gump Strauss Hauer & Feld LLP
    CARES Act | Senate HR 748, 116, 2d., Section 1113 (the “CARES Act”)
    2020-03-26

    Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. Please monitor our main COVID-19 Task Force page and/or your email for updates.

    Section 1113 – Bankruptcy

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kilpatrick Townsend & Stockton LLP, Coronavirus, US Senate, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Todd C. Meyers , Paul Rosenblatt
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP

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