Business Bankruptcy Blog

ELIGIBILITY FOR SUB-CHAPTER V ELECTION Sub-chapter V election by a small business requires that the debtor have non-contingent, liquidated debts (secured and unsecured) totally not more than $2,725,625..00 (presently for…

Sub-Chapter V of Chapter 11 of the United States Bankruptcy Code was signed into law in August 2019 and took effect in February 2020. The intent of the change to…

On March 27, 2020 the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law by President Trump. In addition to providing emergency assistance and health care…

The Coronavirus outbreak has caused the unprecedented shutdown of businesses by the government. While this may be necessary to control the spread of the virus, the shutdown is having a…

Even if you have have operated your business in the most prudent of manners, it is likely that you still have at best, enough reserve capital to operate your business…

In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks “relief” from the “automatic stay” in…

A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In In re Deveau, (Bankr. E.D. Mass. 12/19/19), Case No. 15-13300, the Bankruptcy Judge, Hon. Frank J. Bailey, was faced with a complicated set of facts and a Chapter 7 Trustee who sought the Court's approval of a potential settlement of a claim. The Judge ultimately did not approve a settlement between the Trustee with an insurance carrier who had previously denied coverage to the debtor.