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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...
By: Laura Day DelCotto I noticed this week that there were two recent senior living-related chapter 11 bankruptcy filings. One in New York and the other in Delaware. This could be one looming example of types of nation-wide fall outs from industry-wide COVID changes....
Valuations in Distress By: Laura Day DelCotto I wish a “freefall” chapter 11 bankruptcy was as awesome as when Jerry Maguire is driving through the Texas countryside after his handshake deal landing Cush. (Handshake deals are a whole ‘nother issue entirely!) ...
By: Dean A. Langdon When a small business falls on hard times, the owners often look for ways to start over. While no one can take away the entrepreneur’s business acumen, when creditors take back equipment, machinery, facilities or receivables, keeping a business...
CARES ACT Critical Deadline for Small Business Extended By: Jamie L. Harris On March 26, 2020, Congress passed bipartisan legislation to extend various Covid-19 bankruptcy relief provisions included in the March 2020 CARES Act. The legislation was designed to extend...
By: Jamie L. Harris Due to the Covid-19 pandemic, some people have erroneously believed that the court systems are completely closed and that you cannot currently file for bankruptcy. Contrary to this misconception, bankruptcy courts are open in Kentucky but court...
At Least One Reason to Say No/Pay With Reservation By: Laura Day DelCotto We deal every day with borrowers who are behind in their monthly payments. Most often, we work with borrowers to attempt to restructure their payments. This would be done outside of any court...
Small Businesses will Benefit from the Chapter 11 Provisions Update 3/29/2021: This provision has been extended to June 2022. New legislation to extend an important provision to the CARES Act was just introduced. Should it be passed, the Subchapter V bankruptcy...
DLG: Most Eastern District Kentucky Filings of Chapter 11 By: Jamie L. Harris In 2020, DelCotto Law Group PLLC filed more chapter 11 bankruptcy cases in the Eastern District of Kentucky than any other firm. [1] Additionally, the firm filed 45% of small business cases...
No Standing to Appeal in Coal Act Case By: Laura Day DelCotto Chief Bankruptcy Appellate Panel (“BAP”) Judge Tracey N. Wise recently authored an opinion reviewing some of the issues involved in appeals from bankruptcy court rulings. While not really new law, it is a...
