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Advertisement Bradley’s Bankruptcy Basics: COVID-19 Bankruptcy Relief Extension Act Extends Various CARES Act Amendments to the Bankruptcy Code Thursday, April 29, 2021 Last March, in response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) made several changes to the Bankruptcy Code, including those changes discussed in more detail here. As it became clear that we would be dealing with COVID-19 for much longer than previously anticipated, Congress passed the Consolidated Appropriations Act (CAA), which made additional changes to the B...

To print this article, all you need is to be registered or login on Mondaq.com. Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the "property of the estate" of the debtor, and the automatic stay imposed by U.S. Bankruptcy Code 1 serves to halt all collection and eviction activity in their tracks. In light of the fast-pace of many Chapter 11 reorganizations, often involving going-concern sales, it is imperati...

To embed, copy and paste the code into your website or blog: Last March, in response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) made several changes to the Bankruptcy Code, including those changes discussed in more detail here. As it became clear that we would be dealing with COVID-19 for much longer than previously anticipated, Congress passed the Consolidated Appropriations Act (CAA), which made additional changes to the Bankruptcy Code, including those explored in more detail in this article. Originally, several of the Bankruptcy Code amend...

To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Bankruptcy Court for the S.D.N.Y. provided further clarity in the Fairfield Sentry litigation on whether foreign constructive trust claims are avoidance claims in assessing the applicability of Sections 546(e) and 561(d), the U.S. bankruptcy safe harbor laws which generally immunizes securities transactions from bankruptcy avoidance actions. Judge Stuart M. Bernstein - in one of his last decisions before retiring from the bench - authored the opinion. Denying a motion by defendants...

To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Bankruptcy Court for the S.D.N.Y. provided clarity in the Fairfield Sentry litigation on the implication of Sections 546(e) and 561(d), U.S. bankruptcy safe harbor laws, on foreign claw-back claims. Judge Stuart M. Bernstein - who retired on September 30, 2020 but is currently serving on recall through early next year - authored the opinion. In effect, Judge Bernstein decided that Bankruptcy Code Section 546(e) - the "safe harbor" - barred BVI statutory avoidance claims being pursu...