Skip to main content

November 02, 2021

If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”

November 01, 2021

Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.

September 15, 2021

Would Section 364(c) validate a “PPP” loan even if an order compelling the SBA to make the loan was reversed on appeal?

August 26, 2021

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

August 25, 2021

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

July 12, 2021

Increasingly, courts are allowing defunct corporations to proceed under the SBRA while individual owners of defunct businesses aren’t being treated as small business debtors in chapter 11.

June 01, 2021

Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.

May 19, 2021

When drafting a statute, Congress cannot ‘think of every single esoteric possibility,’ Judge Mignault says.

May 10, 2021

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

April 27, 2021

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.