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Liquidating Assets

Small Business Reorganization Act of 2019

The Next Chapter for Brick-and-Mortar Retail

Sept 2020

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.

Third Circuit Revisits Stern: Bankruptcy Courts May Grant Nonconsensual Releases

June 2020

Cramdown Must Not Put the Secured Creditor at Risk, Ninth Circuit BAP Says

Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.

Unexpected Bills: Navigating the Current U.S. Trustee Fee Landscape

June 2020

Ninth Circuit Equivocates on ‘Collection Injunctions’ in Individual Chapter 11s

Dissenter in the Ninth Circuit says that utilizing provisions in the Bankruptcy Code is not bad faith barring confirmation.

Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively

Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.

Voting and the Apathetic Creditor

Dec 2020