Business

Can the LLC Pay My Legal Fees?

Factors to Consider During Legal Disputes Between LLC Partners in KY By: Laura Day DelCotto We often see situations of business divorce and the falling out among small business co- owners. In this age of online legal forms, we also often see Operating Agreements that the 2 or 3 owners

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Revisiting Forbearance Agreements in a Pandemic

By: Laura Day DelCotto The last five or more years have been ‘happy days are here again’ for cheap money and rising asset values. Piling on more and more debt has been encouraged and easy, including multiple tranches, secured positions and waterfalls. Repaying the debt, as opposed to selling the

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SBRA Chapter 11 Bankruptcy Eligibility

Can I File a Subchapter V SBRA Case if My Business is Closed Down? The Answer is Yes! By: Laura Day DelCotto The caselaw on the new 2020 Small Business Reorganization Act (“SBRA”), which is found in the new “Subchapter V” of the Chapter 11 Bankruptcy statutes, continues to roll

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“CARES” Act: How to Care for My Small Business Right Now

By: Laura Day DelCotto As we all know by now, the “Coronavirus Aid, Relief and Economic Security Act” (CARES Act) includes some bankruptcy-specific provisions. These provisions provide enhanced relief for individuals and businesses negatively impacted by the coronavirus pandemic and shutdowns. Of great importance to small businesses, the CARES Act amended

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Small Business Reorganization Act:

Saving Money for Small Businesses By: Laura Day DelCotto The Small Business Reorganization Act (also commonly known as the “SBRA”) came at the exact right time. With everything else that has gone wrong in 2020, this is hopefully something that went right. Time will tell as the bankruptcy courts across

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Cannabis: Marijuana Exemplifies that Cash is (Not Always) King

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

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Small Business Reorganization Act: Let the Cases Begin

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

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