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Practice and Procedure

Houston Judge Enjoins SBA from Excluding Bankrupt Companies from PPP Loans

Judge David Jones found no basis in the Cares Act for precluding chapter 11 debtors from receiving PPP “loans” that the company isn’t required to repay.

5th Circuit
Texas
Texas Southern District

Currently Conducting Business Isn’t Required to Qualify for the SBRA

Dealing with the debt left over from a defunct business is enough to qualify as a small business debtor under the new subchapter V of chapter 11, Judge Burris rules.

4th Circuit
South Carolina

Madoff Trustee Granted Another Direct Appeal to the Second Circuit

Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

2nd Circuit

Reflections on a Judicial Career

Aug 2020

Topic Tags
Practice and Procedure
Business Reorganization
Commercial Fraud
Finance and Banking
First-day Motions
Health Care
Hospitality, Entertainment Venues and Gaming
International Insolvency
Public Companies and Claims Trading
Turnaround Issues
Uniform Commercial Code/Article 9
Unsecured Trade Creditors

Navigating Restructuring Considerations and Managing Distress Amid COVID-19

July 2020

Topic Tags
Asset Sales
Claims
Bankruptcy Litigation
Corporate Governance
Ethics
Financial Advisors
Legislation
Plan Confirmation
Practice and Procedure
Preferences
Valuation
Consumer Bankruptcy
Consumer Debt
Business Reorganization
Commercial Fraud
Covid19
Finance and Banking
International Insolvency
Labor/Employment
Lender Liability
Mass Torts
Municipal Bankruptcy
Public Companies and Claims Trading
Turnaround Issues

‘Triggering’ Creditor’s Claim Need Not Be Static Under Section 544(b)(1)

Judge Isgur applies heightened pleading standard to a complaint for fraudulent transfer with actual intent.

5th Circuit
Texas
Texas Northern District

‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board

District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.

1st Circuit
Puerto Rico
Tuesday, April 21, 2020
Article Tags
Practice and Procedure
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As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says

An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver

10th Circuit
Colorado

Justices Postpone Argument in Fulton until the Supreme Court’s Next Term

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.

Supreme Court
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