Debt

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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Federal Dollars at Work: What is the Exit Strategy?

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

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Administrative Claims: Thinking Outside the Box to Get Paid

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

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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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Sellers of Goods: Stick Within 19 Day (at most) Payment Terms

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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