A unanimous ruling by the United States Supreme Court in early June could have significant implications for Kentucky companies that will soon file for commercial bankruptcy. Although the ruling called the vast discrepancy in bankruptcy fees unconstitutional, the...
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Catholic Abuse Victims: Major Victory in Recent Guam Chapter 11 Case
By: Laura Day DelCotto There have been approximately 30 Catholic Diocese chapter 11 bankruptcy cases spread all over the US and also in Guam, an unincorporated US territory in the Western Pacific. What Assets Can Pay Victims? The major issue in most all these...
Issues for Healthcare Entities in Chapter 11 Bankruptcy
As the Covid-19 pandemic had significant impact on hospitals and other health care institutions that led to equipment and staffing shortages and declining revenues, we are likely to see a rise in chapter 11 bankruptcies for health care businesses. There are several...
Buyer Beware: Bankruptcy Sale Needs Notice – Due Process 101
By: Laura Day DelCotto So, we know from our long experience here that bankruptcy sales can get very messy. The Seventh Circuit’s recent 5 page opinion makes it clear that the one who needs to care the most is often the buyer. Notice of Sale is a Basic Right In...
Options for business loan workouts in Kentucky
It's critical for your business in Kentucky to stay afloat, but if you are having trouble making your business loan payments, you shouldn't panic. Instead, work out a payment plan with your lender to keep your company running. Here are some options that may be...
Embezzlement and Larceny: Recent Reminders About Earning Your Discharge Under 11 USC Section (a)(4)
By: Laura Day DelCotto The primary goal of filing bankruptcy is commonly understood to be the receipt of a discharge of debt, and having a “fresh start” in life. There are probably thousands of cases that state this legal proposition, including Supreme Court cases...
Debt Limits Increase for Chapter 12 and 13 Bankruptcy on April 1, 2022
Per Bankruptcy Code section 104, the dollar amounts in the Bankruptcy Code are adjusted every three years to account for inflation. The next increase will take effect April 1, 2022 and include increases for the debt limits to chapter 12 and chapter 13 bankruptcy...
Options After Mortgage Forbearance Ends
By: Dean A. Langdon Thousands of households had the opportunity to get a break on their mortgage payments during the Covid-19 pandemic. Foreclosures on many residential mortgages were prohibited, which certainly helped avoid a homelessness crisis during the pandemic....
How franchise agreements are treated in bankruptcy
Buying a franchise may be an effective way to become a successful business owner. However, if you file for bankruptcy in Kentucky, there is a chance that you will lose your franchise during or after the case has been discharged. Let's take a deeper dive into what...
DelCotto Law Group PLLC Leads Firms in 2021 Chapter 11 Filings in Eastern District of Kentucky
In 2021, DelCotto Law Group PLLC filed more chapter 11 bankruptcy cases in the Eastern District of Kentucky than any other firm. [1] Chapter 11 bankruptcy provides an opportunity for corporations to restructure their organizations through implementation of a repayment...