Essential Tips for Businesses During the Coronavirus Pandemic

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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Chapter 11 SBRA Provisions

Debtors Can Elect to Use the SBRA Provisions Even if the Case Was Pending Before Effective Date By: Dean A. Langdon On February 19, 2020 the Small Business Reorganization Act (SBRA) became effective, providing a streamlined, simpler Chapter 11 bankruptcy process for companies or individuals who have less than $2,726,625

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Insider Transactions in Bankruptcy

By: Jamie L. Harris When small business owners file for chapter 11 bankruptcy, seldom do they reflect on the impact of bankruptcy on affiliated entities. In bankruptcy, insider[1] transactions are subject to heightened scrutiny. It is not uncommon to have a debtor that operates a business that leases property or equipment

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What Accountants Need to Know About Chapter 11 Bankruptcy

By: Jamie L. Harris If you are an accountant today, you will more likely than not have a corporate client at some point that is in a Chapter 11 bankruptcy proceeding. The role of an accountant in Chapter 11 proceedings is vital. It is important to know that as an accountant

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Business Bankruptcy and Disclosing Assets

Individual Business Owners Can Lose the Right to Discharge Their Debts in Bankruptcy By: Dean A. Langdon The ultimate goal of every individual filing bankruptcy is to be released, or discharged, from the obligation to repay debts. Bankruptcy laws put conditions on being released from this obligation, and if an

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2020 Distressed Industry Outlook

What the Retail, Trucking, Oil and Gas Industries Face Going Into a New Decade By: Dean A. Langdon The pundits tell us that the economy is doing very well, and by some measures, that’s true. But there are always industries in our economy that are undergoing financial distress, and the

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Largest Trucking Company Bankruptcy

Celadon Group Filed for Chapter 11 Bankruptcy By: Dean A. Langdon Celadon Group, a trucking company based in Indianapolis, Indiana, filed a chapter 11 bankruptcy in Delaware on Monday, December 9th. Celadon has almost 2,700 trucks in the United States, Canada and Mexico, and furthermore employs almost 2,900 drivers and

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LLC Operating Agreements: Not Just a Form

By: Laura Day DelCotto In financial workout, litigation and bankruptcy settings, we often see problems and disputes which have arisen in limited liability company (LLC) settings. More often than not, financial issues among and between members bubble up to the surface. Being the most solvent of all the members is

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Employee Bonus Payments have “Value”

Chapter 11 Bankruptcies and discretionary bonuses By: Laura Day DelCotto A May 2019 Delaware Bankruptcy Court opinion provides a detailed analysis of why the Judge dismissed fraudulent conveyance claims. Claims were filed in numerous adversary proceedings by the post-confirmation liquidation trustee. They were filed against former employees who had received

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Small Business Reorganization Act of 2019

The new legislation could make filing Chapter 11 Bankruptcy appealing to small businesses By: Jamie L. Harris Filing for chapter 11 bankruptcy relief should be easier for small businesses by February 2020 when the Small Business Reorganization Act of 2019 becomes effective. The legislation which President Trump signed back in

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