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Defenses To Preference Actions: New And Refined Tools To Keep In Mind - Insolvency/Bankruptcy/Re-structuring
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Make The CARES Act Eviction Moratorium Fair To Landlords | Lowenstein Sandler LLP
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Why Avoidance Actions Are Difficult to Dismiss by a Rule 12(b)(6) Motion | Dorsey & Whitney LLP
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Bankruptcy courts have had an increase in activity since the COVID-19 pandemic struck, especially for small businesses facing financial challenges. The Small Business Reorganization Act (SBRA), which was passed in August 2019 and became effective in February 2020, modified the federal Bankruptcy Code by adding Subchapter V to provide a simpler way for qualifying small businesses to file for Chapter 11 bankruptcy. Some appealing characteristics of the Subchapter V option include one-step confirmation without requirements for administrative fees to be paid up-front, ability to spread debt over three to five years and pay off creditors, more simplified requirements for disclosure statements and plan confirmation, allowance of post-petition property and earnings, and automatic appointment of a trustee that helps facilitate a plan to settle outstanding debts while still allowing owners to keep their business. This came in handy