Bankruptcy

DelCotto Law Group Leads in 2020 Chapter 11 Bankruptcies:

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 in 2020 in the Eastern

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Recent Sixth Circuit Ruling:

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 good primer on at least

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NRA Bankruptcy: A Hot Mess of Uneccessary Activity

By: Laura Day DelCotto So many unnecessary issues that make this Debtor in Possession look so bad. A great case study in how not to land in front of a bankruptcy judge. First, how does an entity that is headquartered in Fairfax, VA and incorporated in New York “forum shop” to

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Subchapter V and Chapter 11 Bankruptcy

March Expiration Deadline Demands Attention from Small Businesses By: Dean A. Langdon Subchapter V of Chapter 11 is a condensed, less expensive option for small businesses (and small business owners) to reorganize. It has many provisions which are favorable to business owners, allowing them to retain their ownership while restructuring

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Options for Struggling Businesses

Exploring Options Other than Bankruptcy When your business is struggling, you may want to speak with an attorney to discuss options such as financial workouts. In this short video, Dean A. Langdon discusses why it’s important to explore your options with an attorney if you own a business that is

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Recovering Property in a Bankruptcy

New Supreme Court Ruling on Debtor’s Property and Automatic Stays in Chapter 13 By: Dean A. Langdon Having a vehicle repossessed is sure to disrupt your life. One way to recover a repossessed vehicle has been to file a Chapter 13 bankruptcy. Once filed you can demand return of the

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Financial Distress: Further Reflections

By: Laura Day DelCotto In my final blog of 2020, I mused on take-aways about “dumb things” management does when succumbing to financial distress fears. And I will say, the so-called “dumb” things are really about emotional intelligence and how stress affects each of us. Financial stress is proven to

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The Student Loan Crunch

Options when Lawsuits and Collections hit for Student Loans By: Heather M. Thacker Everyone knows the general rule ― student loans do not go away, even in bankruptcy.  But, there are some exceptions that you should consider.  1. Chain of Title Student loans are continuously being sold in bulk to

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Appealing from Bankruptcy: Sixth Circuit Says Follow the Rules

By: Laura Day DelCotto The Sixth Circuit Court of Appeals recently issued a decision discussing deadlines for appeals from Bankruptcy Court. The case helps create a growing split among the circuits. This could take us all back to the (newly changed) Supreme Court, and is a change from prior Sixth

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