Congress passed the Small Business Reorganization Act of 2019 (“SBRA”), otherwise known as “Subchapter V,” as a subchapter of chapter 11, to provide a streamlined and economically feasible reorganization option
Continue Reading CHAPTER 11 AS ALTERNATIVE TO CONVERSION OR DISMISSAL IN SUBCHAPTER V
Standard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure
By Michael Temin on
By Michael L. Temin and Martha B. Chovanes
A Swiss verein is a formal legal structure recognized under Swiss law, akin to a voluntary association under U.S. law. Several U.S.
Continue Reading Standard Conflict Waivers May Not Be Sufficient In A Swiss Verein Structure
Creditor Pays for Violating Stay in Mastic Bay
By Kevin McCarrell on
A recent Second Circuit opinion sets a bright-line rule: if the Debtor is named as a defendant in a pre-bankruptcy lawsuit, the automatic stay applies to halt further proceedings. Bayview…
Continue Reading Creditor Pays for Violating Stay in Mastic BayPresident Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024
By Nicholas A. Koffroth on
Today, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act, S. 3823, 117th Cong. (the “Act”), which, among other things, continues the temporary expansion of subchapter…
Continue Reading President Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024The Circuit City Landmine (Siegel v. Fitzgerald): Supremes Declare Bankruptcy Fee Hike Under United States Trustee Program Unconstitutional –What Happens Next?
By Keith C. Owens on
By: Keith C. Owens
While it is becoming increasingly rare for the Supreme Court to speak with a singular voice on virtually anything these days, bankruptcy provides a rare exception.…
Continue Reading The Circuit City Landmine (Siegel v. Fitzgerald): Supremes Declare Bankruptcy Fee Hike Under United States Trustee Program Unconstitutional –What Happens Next?Is a Postpetition Non-bankruptcy Court Order a Violation of the Automatic Stay?: The Ninth Circuit Bankruptcy Appellate Panel Provides Clarity in Recent Holding
By Zach Williams & Keith C. Owens on
By: Zach Williams, Associate, Fox Rothschild LLP (Las Vegas, NV)
On April 5, 2022, the Ninth Circuit Bankruptcy Appellate Panel (the “BAP”) published an opinion, Censo, LLC v. Newrez, …
Continue Reading Is a Postpetition Non-bankruptcy Court Order a Violation of the Automatic Stay?: The Ninth Circuit Bankruptcy Appellate Panel Provides Clarity in Recent Holding
A Day Late and Nearly $5 Million Short?: Legislation Introduced to Make Permanent the $7.5 Million Subchapter V Debt Limit As Temporary Extensions Sunset
By Nicholas A. Koffroth & Zach Williams on
On March 14, 2022, Senator Chuck Grassley (R-IA) introduced proposed legislation that—if enacted—would make permanent the $7.5 million debt limit applicable to debtors under subchapter V of chapter 11 of…
Continue Reading A Day Late and Nearly $5 Million Short?: Legislation Introduced to Make Permanent the $7.5 Million Subchapter V Debt Limit As Temporary Extensions Sunset
City of Chicago v. Fulton Applied to Prepetition Garnishment
By Michael Temin on
The City of Chicago impounded vehicles for nonpayment of fines. When the owners filed chapter 13 cases and requested that the city return their vehicles, the city refused. The bankruptcy…
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When values become stale: valuation of collateral in bankruptcy proceedings – In re S-Tek 1, LLC, a case study
By Keith C. Owens on
The Bankruptcy Code contemplates the valuation of a secured creditor’s collateral for a variety of purposes at different stages of a bankruptcy case. While title 11 of the United States…
Continue Reading When values become stale: valuation of collateral in bankruptcy proceedings – In re S-Tek 1, LLC, a case study
Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky
By Michael Temin on
The United States Supreme Court ruled that 11 U.S.C. § 330(a)(1) does not authorize compensation to debtors’ attorneys from estate funds. Lamie v. U.S. Trustee, 540 U.S. 1023 (2004). A…
Continue Reading Bifurcated Fee Agreements Approved in Southern District of Florida, But Barred in Western District of Kentucky