Lessons from the Windstream Chapter 11 Bankruptcy By: Laura Day DelCotto Stay violations come in all shapes and sizes. We often represent debtors who have claims for violations and accompanying damages. Usually these involve consumers and one of their creditors such as a small bank, an individual creditor, a used
By: Laura Day DelCotto Issues with life insurance are a bit murky in bankruptcy filings. It is important to understand the nature of the debtor’s interest, vs other parties’ interests. Who is the owner of the policy? Who are the beneficiaries of the policy? Is there cash value? These issues require
Valuations in Distress By: Laura Day DelCotto I wish a “freefall” chapter 11 bankruptcy was as awesome as when Jerry Maguire is driving through the Texas countryside after his handshake deal landing Cush. (Handshake deals are a whole ‘nother issue entirely!) Unfortunately, not so much. How is Freefall Chapter 11
By: Dean A. Langdon When a small business falls on hard times, the owners often look for ways to start over. While no one can take away the entrepreneur’s business acumen, when creditors take back equipment, machinery, facilities or receivables, keeping a business going is tough. There are ways to
At Least One Reason to Say No/Pay With Reservation By: Laura Day DelCotto We deal every day with borrowers who are behind in their monthly payments. Most often, we work with borrowers to attempt to restructure their payments. This would be done outside of any court process like state court
By: Laura Day DelCotto As you may know, 3 student loan borrowers joined forces recently to file an involuntary petition against Navient Solutions LLC on February 8, 2021 in the United States Bankruptcy Court for the Southern District of New York. Navient Solutions is the student loan servicing company affiliated
Small Businesses will Benefit from the Chapter 11 Provisions Update 3/29/2021: This provision has been extended to June 2022. New legislation to extend an important provision to the CARES Act was just introduced. Should it be passed, the Subchapter V bankruptcy provision will be extended to March 27, 2022. This
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
By: Laura Day DelCotto Sitting in the Zoom audience at the UK Gatton Conference, I listen to Kevin Kliesen with the Federal Reserve Bank of St. Louis first acknowledge the difficulties in attempting to forecast our economic future. While “uncertainty remains high,” the Fed notes that most forecasters expect strong economic
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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