Blog
News and updates from Thomas H. Curran Associates.
California bankruptcy judge holds COVID-19 Moratoria didn’t apply in Chapter 7 case
In a case of first impression, Judge Robert Kwan of the United States Bankruptcy Court for the Central District of California, Los Angeles...
Small-dollar avoidance exception not applicable according to ‘plain language’
In a preference suit within the Petland Discounts Inc. chapter 7 case pending in the Bankruptcy Court for the Eastern District of New...
Choice of law a crucial consideration in cross-border bankruptcy proceedings
In a recent jury trial, the United States District Court for the District of Connecticut faced a choice-of-law issue in a cross-border...
New York bankruptcy judge rules no adequate protection available to lender in Chapter 13 case prior to lender’s filed motion seeking adequate protection payments
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...
Manger fired for ‘poor’ sales can pursue age bias claims
Link to full article below: Manager Fired for 'Poor' Sales Can Pursue Age Bias Claims
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...
Massachusetts adopts the Uniform Enforcement of Foreign Judgments Act
A party that is awarded money in a lawsuit is called a judgment creditor. They have proven that a sum of money is owed to them and are...
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...
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