In the Chapter 13 case of In re Sandra Velasco- Rodriguez aka Sandra M. Velasco Judge Alan S. Trust of the United States Bankruptcy Court...
Bankruptcy News
Eleventh Circuit issues major decision denying PPP eligibility to bankruptcy debtors
On December 22, 2020, in In re Gateway Radiology Consultants, P.A., _ F.3d _ (11th Cir. 2020) the Eleventh Circuit Court of Appeals...
Southern District of Florida affirms Bankruptcy Court’s denial of homestead exemption on inherited property. A Lesson on the consequence of flouting bankruptcy disclosure obligations.
In a clear and well-reasoned opinion issued earlier this year, District Judge Robert N. Scola, Jr. affirmed the Bankruptcy Court’s...
Florida enacts the Uniform Commercial Real Estate Receivership Act (“UCRERA”), becoming the ninth state to adopt the Uniform Law
On July 1, 2020, after four years of extensive efforts from the legislature, business and legal sectors, Florida became the ninth state[1]...
Is a Chapter 7 Trustee’s recovery “for the benefit of the estate” limited to the amount of creditors’ claims? Not in the Tenth and Eleventh Circuits.
In February 2020, the Delaware bankruptcy court in In re DSL Renal Holdings, LLC concluded that, under 11 U.S.C § 550(a), a trustee cannot...
Understanding and protecting ‘cash collateral’ in Chapter 11 Bankruptcy
The storied American retail giant JCPenney filed for Chapter 11 bankruptcy in May 2020 as the COVID-19 pandemic finally crippled an...
Alternatives to bankruptcy for small businesses
The COVID-19 pandemic has wreaked havoc on small businesses across the United States. Public safety measures that have been instituted...
Force majeure clauses and the COVID-19 pandemic
A decision handed down on June 3, 2020, by the United States Bankruptcy Court for the Northern District of Illinois is one of the first to...
Largest stimulus bill in US history expands rights under Small Business Reorganization Act
Today Congress passed, and the President is expected to sign, a $2 trillion coronavirus stimulus bill. Included among the provisions of...
Law school graduate wins discharge of student debt
On January 7, 2020, Chief Bankruptcy Judge for the Southern District of New York, Judge Cecelia Morris, entered an order granting summary...
Supreme Court to address whether creditors must turn over lawfully repossessed property upon the filing of bankruptcy petition
On December 18, 2019, the Supreme Court granted the city of Chicago’s petition to determine whether the “automatic stay” imposed by the...
Creditors trying to force Tough Mudder into bankruptcy
Three contractors have asked a Delaware Bankruptcy Judge to put Tough Mudder, LLC into Chapter 11 bankruptcy. Tough Mudder is known for...
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