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
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
The Deficit, COVID Pandemic and Bankruptcy Strategies By: Laura Day DelCotto In every single chapter 11 bankruptcy case we begin, in the initial pre-filing meetings, we discuss at length the exit strategy. Of course, there are so many people and factors outside our control that the debtor’s exit strategy is assuredly
Chapter 11 Bankruptcy Claims By: Laura Day DelCotto A recent decision from Louisiana involving work on an abandoned oil and gas rig got me thinking about some of the non-routine types of administrative claims in chapter 11 bankruptcy. It is always worth exploring if you might have any such claim, since
Effects of COVID-19 Pandemic on Municipalities By: Laura Day DelCotto The pre-2020 collective wisdom was that municipal bonds were as good as gold, solid and basically without much risk. Investors in tax-free bonds get a greater bang for the buck with the tax savings. There are many great bond-fund salespeople hawking
Dean Langdon on Good Day Kentucky discusses Bankruptcy and Other Options for Businesses and Individuals
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
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
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
Guidelines for Sellers Before a Debtor’s Bankruptcy Hits By: Laura Day DelCotto Unpaid sellers of goods continue to be 100% stiffed in bankruptcy cases across this country. The equitable arguments can’t win the day under the Bankruptcy Code. Suppliers of goods sell the products to the debtor. The debtor uses them
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