Understandable Insights from Fox Rothschild's National Bankruptcy Practice
By Michael Temin:
Section 11 of Official Bankruptcy Form 105, Involuntary Petition Against an Individual, provides:
Allegation
Each petitioner is eligible to file this petition under 11 U.S.C. § 303(b).
The debtor may be the subject to an involuntary case under 11 U.S.C. § 303(a).
At least one box must be checked:
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A Delaware bankruptcy court recently held that the bar date for filing proofs of claim cannot be enforced against a creditor if the notice of the bar date was not sent by mail to that creditor. In re Cyber Litigation Inc., No. 20-12702 (CTG) (Bankr. D. Del. Oct. 21, 2021).
Relevant Bankruptcy…
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 have become difficult to obtain. A recent Washington Post article noted that the overall consumer price index has increased by close to or above 5%…
By Michael Temin
The First Circuit was required to decide whether the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) or the Federal Rules of Civil Procedure (the “Civil Rules”) govern a case that comes within the federal district court’s jurisdiction as a case “related to” a pending bankruptcy case. If the Bankruptcy Rules applied,…
Joseph J. DiPasquale, a partner in Fox Rothschild’s Morristown, New Jersey and New York City offices, is set to co-moderate a presentation on important developments in bankruptcy law throughout 2021. Described as a “hallmark session of the conference,” Joseph J. DiPasquale and M. Blake Cleary of Young Conaway Stargatt & Taylor will review the…
Effective November 30, 3031, the Consumer Financial Protection Bureau (CFPB) will enact Regulation F to 12 C.F.R. 1006, which will be the first comprehensive federal debt collection regulations interpreting the Fair Debt Collection Practice Act (FDCPA).
The FDCPA was enacted in 1977 “to eliminate abusive debt collection practices by debt collectors, to insure that those…
By Michael L. Temin and Martha B. Chovanes
Introduction
The relationship for which counsel for a committee could be disqualified was addressed in the recent case of Bingham Greenbaum Doll, LLP v. Glenview Health Care Facility, Inc., 620 B.R. 582 (6th Cir. B.A.P. 2020) (“Glenview”). In Glenview, the debtor corporation was owned by…
The Payroll Protection Program (“PPP”) was created by Congress through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to loan money to certain businesses for the primary purpose of providing money to fund payroll expenses, and other eligible expenses. If the PPP loan funds are used for designated purposes, all or some of…
On December 21, 2020, the United States Trustee Program (USTP) published a final rule in the Federal Register, entitled the “Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11” (the “Final Rule”). See 28 C.F.R. § 58.8.
Bankruptcy practitioners should be aware that the Final Rule becomes …
The Delaware Bankruptcy Court now has eight judges to manage its hectic caseload. Judge Craig Goldblatt was sworn in as a United States Bankruptcy Judge for the District of Delaware on April 26, 2021. Judge Goldblatt fills the seat of former Judge Kevin Gross, who retired in 2020.
Prior to joining the bench, Judge Goldblatt…
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