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%
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Bankruptcy Rules of Procedure Apply When a District Court is Hearing a “Related To” Proceeding
By Michael R. Herz on
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,…
20th Annual Advanced Restructuring & Plan of Reorganization Conference: Fox Rothschild Partner, Joseph J. DiPasquale, to Co-Moderate “2021 – The Year in Review from the Perspective of Judges and Attorneys”
By Stephanie Slater on
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…
FDCPA to be Amended Effective November 30, 2021 by New Regulation F
By Harriet Wallace on
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…
DISQUALIFICATION OF ATTORNEY FOR CREDITOR COMMITTEE VACATED
By Michael R. Herz on
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…
WHAT LENDERS NEED TO KNOW TO OBTAIN SBA GUARANTY PAYMENT ON DEFAULTED PPP LOANS
By Harriet Wallace on
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…
The United States Trustee Program’s New Chapter 11 Periodic Reports (Effective June 21, 2021)
By Stephanie Slater on
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 …
Delaware Bankruptcy Bench is at Full Strength with the Addition of Judge Craig Goldblatt
By Stephanie Slater on
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…
NRA Bankruptcy Case Dismissed for Cause Because It Was Not Filed in Good Faith
By Joseph A. Caneco on
Judge Harlin D. Hale of the United State Bankruptcy Court for the Northern District of Texas dismissed the chapter 11 bankruptcy case filed by the National Rifle Association (the “NRA”) for cause, finding that the case was not filed in good faith.1 In its 38-page opinion issued in connection with multiple motions to dismiss…
The Delaware Bankruptcy Court Appoints Newest Judge
By Stephanie Slater on
On April 6, 2021, J. Kate Stickles was sworn in as a United States Bankruptcy Judge for the District of Delaware. According to an Announcement issued by the Delaware Bankruptcy Court, Judge Stickles fills the seat vacated by former Judge Kevin J. Carey, who retired in 2019. With Judge Stickles’ appointment, the Delaware Bankruptcy Court…