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The Gold Standard for Chapter 11 Bankruptcy By: Laura Day DelCotto The Fifth Circuit recently issued an opinion that provides some guidance for seeking an allowed administrative claim (commonly called an “Admin Claim”) during a chapter 11 case. It should be required...
Being from a small town in Western Kentucky, Fred’s retail discount stores have been a staple in small town consumerism. Fred’s was one of my parents’ favorite bargain shopping stores. I was really disheartened to hear that the company would be liquidating its...
Farmers Have More Freedom to File Bankruptcy Under New Chapter 12 Law By: Laura Day DelCotto Everyone is on the edge of their seats, waiting for President Trump to sign several pending bills impacting bankruptcies in the United States. One of them is the Family Farmer...
By: Laura Day DelCotto The Eighth Circuit recently affirmed the appeal by the “Ad Hoc Committee of Non-Consenting Creditors” of the 2017 confirmation of the Chapter 11 Plan of Peabody Energy, In re Peabody Energy Corp., No. 18-1302 (August 9, 2019 ). I would say that...
By: Dean A. Langdon Marriage involves sharing risks and rewards with a spouse. Entrepreneurial couples may establish a business together, or one spouse may establish a business and exclude their spouse due to the risk of economic loss. After all, between 20-50% of...
By: Laura Day DelCotto There are many cases that stand for the proposition that bankruptcy courts are “courts of equity,” but what does that really mean? To the lay person, this sounds like it means that bankruptcy courts have wide discretion to be fair and avoid...
By: Laura Day DelCotto and Dean A. Langdon The economic challenges in today’s current health care climate are well documented and run to the core of a fundamental national debate rearing its head in the upcoming 2020 election cycle. “Medicare for All” is more than a...
If you receive notice that a customer or client has filed for Chapter 7 bankruptcy relief, there are certain things you need to know about the bankruptcy process. First, you should cease any pre-petition collection efforts. The automatic stay afforded by the...
By: Laura Day DelCotto I’m reading more and more about ESG – it’s sweeping into vogue in a big way. I predict that we will continue to see more about it in 2019, including moving beyond the financial investment world. But how, exactly, do we make decisions that...
Putting your company in Chapter 11 bankruptcy is far more complicated that just signing some paperwork. First, you need to evaluate if all your financials are accurate and up to date. You will want to get all tax returns timely filed and gather all your insurance...
