In a 2021 opinion in In re Paragon Offshore PLC, 629 B.R. 227 (Bankr. D. Del. 2021) (“Paragon Offshore”), Judge Sontchi of the United States Bankruptcy Court for
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Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)
By Michael R. Herz & Stephanie Slater on
The Clerk of the Court (“Clerk”) is the “official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to…
Continue Reading Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)Fox Attorneys Take a Look at Supply Chain Issues
By Michael R. Herz on
Among the potential prolonged impacts of the COVID-19 pandemic is the interruption to supply chains throughout several critical industries. As a result, prices have increased as various goods and materials…
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Court Rules that Litigation Trust Does Not Have to Pay Quarterly Fees to U.S. Trustee
By Michael R. Herz on
Pursuant to 28 U.S.C. § 1930(a)(6), chapter 11 debtors must pay a quarterly fee to the United States Trustee for deposit in the United States Treasury, until the case is…
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Second Circuit Stands by Brunner Test for Discharge of Student Loan Debt
By Michael R. Herz on
When the Bankruptcy Code was first enacted in 1978, student loan debt could be discharged either after the passage of five years since the repayment obligation began, or if repayment…
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PPP Loan Availability in Bankruptcy Hinges on the SBA
By Michael R. Herz on
In a recent Fox Alert, Harriet Wallace examined the new potential for debtors and bankruptcy trustees to apply for Paycheck Protection Program (PPP) loans in connection with operating a…
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Subchapter V, Not a Moment Too Soon
By Michael R. Herz on
Although enacted before the COVID-19 pandemic, the new Subchapter V of Chapter 11 of the Bankruptcy Code seems almost prescient now and could be a game-changer for small businesses looking…
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Bankruptcy Filing Trends During the Pandemic
By Michael R. Herz on
In a recent article for Bloomberg Law, Mark Hall and I examined why consumer bankruptcy filings have not (yet) increased during the COVID-19 pandemic as initially predicted, despite a…
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Bankruptcy FAQ for Distressed Businesses
By Michael R. Herz on
In these unsettled times, Fox Rothschild has prepared a comprehensive Bankruptcy FAQ to help businesses understand their potential bankruptcy options, the notable features of the bankruptcy process, how to prepare…
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