By: Dean A. Langdon Chapter 13 bankruptcy offers individuals the ability to avoid a foreclosure or pay debts that are not discharged. This is accomplished by turning over their disposable income to a trustee for a period of 3 to 5 years, who then pays creditors. Debtors are expected to
By: Laura Day DelCotto We write often about one of the oldest sayings in the financial restructuring business: “Cash is King.” Without liquidity, all bets are off as to what viable options may exist for going forward. Yet in the cannabis industry, there is a different cash problem: too much
The Rarely Used Chapter 9 is Reviewed during Pandemic By: Laura Day DelCotto Mitch McConnell has received much press over a comment he knows to be impossible. States lack the ability to file bankruptcy under the Bankruptcy Code absent a Congressional amendment. However, in Kentucky, every other type of local
By: Dean A. Langdon Carl Coslow guaranteed a $4.5 million debt to a bank for a company he owned. The company struggled, and in November 2014 it sold a division on installment terms, with payments being made over several years. Those payments were assigned to the bank. The bank agreed
By: Jamie L. Harris With so many Americans facing unemployment and furloughs, personal bankruptcy for many of those individuals may be inevitable. Individuals who have never had financial issues may find themselves forced into bankruptcy. First, bankruptcy courts are currently open. Hearings are currently being held via teleconference through May here in
No Breaching the Peace By: Laura Day DelCotto I’ve been around a long time and remember some great stories from my baby lawyer days about car, boat and equipment repossessions gone awry…. I thought this was pretty cut and dry, but everything old is new again, and that includes how
To New Beginnings and Fresh Starts By: Laura Day DelCotto April 22, 2020 is the 50th Anniversary of the founding of “Earth Day” by the late Wisconsin US Senator Gaylord Nelson. In the middle of this year’s beautiful spring season, take a moment to consider what Senator Nelson had to
By: Laura Day DelCotto Bankruptcy Judge Robert Grossman in the Eastern District of New York recently issued one of the first substantive court decisions. This decision was regarding the new Small Business Reorganization Act. This is commonly called the “SBRA”, which became effective on February 19, 2020. The SBRA is
“Willful and Malicious Injuries” By: Dean A. Langdon When an individual completes a bankruptcy they get a discharge – a court order that permanently stops creditors from collecting debts. Not all debts are included in a discharge, such as child support, most taxes and most student loans. Other debts which
Business To-Do List in This Time of Crisis By: Laura Day DelCotto I recently attended a national panel discussion on the outlooks for COVID-19 in the private equity and M&A space. The present uncertainties make it difficult to make any predictions. There is tremendous market volatility, with some industries being
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