If you have received a 60-day notice from the Small Business Administration (the “SBA”) that your debt will be submitted to the Department of Treasury for collection, you want to take quick action to resolve your liability with the SBA. Once this has been turned over...
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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...
Mediation to Resolve Business Disputes
By: Dean A. Langdon Our court system is highly developed to help resolve disputes and maintain the rule of law in our society. But participating in the legal system can be expensive, complicated and lengthy. Mediation is an alternative method for resolving disputes...
Gartland Thacker DelCotto PLLC Leads Firms in 2021 Chapter 11 Filings in Eastern District of Kentucky
In 2021, Gartland Thacker DelCotto 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...
Business Owner Guarantees and Bankruptcy
By: Dean A. Langdon has many small business owners as clients. When a small business borrows funds, the lender often requires a personal guarantee from the business owners. A recurring issue is what happens to the guarantee if a business...
Recent Case Creates Uncertainty Regarding Surety Bonds In Bankruptcy
By: Laura Day DelCotto In our many chapter 11 coal-industry cases over the years, the surety bonding company always plays a very major role in the case. The bonding company issues are detailed and fact-intensive, dealing with multiple bonds, bond collateral, permits,...
Critical Vendors and Preferences in Chapter 11 Bankruptcy
By: Laura Day DelCotto A recent case out of the Delaware Bankruptcy Court made clear that the exact wording of the standard “critical vendor” order is important. The case is a great reminder that even boiler-plate orders entered in conjunction with first day hearings...
Strategies for Dealing with Merchant Cash Advance Lenders
Merchant cash advance agreements typically involve selling your business receivables at a price with a significant fee. This fee is repaid usually on a daily or weekly basis by debiting a certain percentage of your business receivables. These types of agreements are...
How to Deal with a Preference Lawsuit
If your company has been served with a lawsuit asserting preference claims, you will need to file an answer or other responsive pleading on or before the deadline asserted in the summons. To properly evaluate defenses, you will need to locate and identify the checks,...
Repeat After Me: I’m a Vendor, NOT a Lender!
By: Laura Day DelCotto Times have changed. In the past, troubled companies often had some limited unencumbered assets to pay unsecured creditors. “Unencumbered assets” means cash, litigation claims, tangible and intangible assets that did not have liens on them. Times...


