Bankruptcy Courts Rule SBA Must Consider Bankrupt Applicants for Loans
Bankruptcy Courts Rule SBA Must Consider Bankrupt Applicants for Loans

Judge Cynthia C. Jackson of the U.S. Bankruptcy Court for the Middle District of Florida became the latest judge to rule that the Small Business Administration cannot reject an applicant for an emergency loan designed to aid employees of small...

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Recent Case Liberally Interprets Sub-Chapter V Eligibility
Recent Case Liberally Interprets Sub-Chapter V Eligibility

The Small Business Reform Act defines small business debtor as a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning single asset real estate) that has aggregate non-contingent liquidated...

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Sub-Chapter V Small Business Debtors and Confirmation of A Plan of Reorganization
Sub-Chapter V Small Business Debtors and Confirmation of A Plan of Reorganization

The goals of Sub-chapter V are to minimize the time and expense of small business reorganization. status conference Within 60 days of the filing, the bankruptcy court is expected to hold a status conference “to further the expeditious and economical...

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Sub-Chapter V: Makes It Easier For Small Businesses to Reorganize
Sub-Chapter V: Makes It Easier For Small Businesses to Reorganize

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 small business election under Chapter 11 the debt limit is...

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SUB-CHAPTER V: SMALL BUSINESS DEBTOR REORGANIZATION
SUB-CHAPTER V: SMALL BUSINESS DEBTOR REORGANIZATION

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 the Bankruptcy Code was to provide a more streamlined, less...

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Coronavirus Stimulus Package: Will It Be Enough To Save Small Businesses
Coronavirus Stimulus Package: Will It Be Enough To Save Small Businesses

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 devastating effect on businesses throughout the country. With New Jersey...

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Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code
Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code

Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek to achieve two objectives which frequently conflict with one another. ...

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Small Business Debt – How the American Dream Can Become a Nightmare for Small Business Owners
Small Business Debt – How the American Dream Can Become a Nightmare for Small Business Owners

Owning and operating a small business is, for many, the American Dream.  Unfortunately, the dream has become a nightmare of inescapable debt for many those who have retained us to represent them because they did not understand the “spill-over” consequences...

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The Strategic Use of Bankruptcy by Debtors  – Gawker Media Files Chapter 11 Bankruptcy and Buys Time
The Strategic Use of Bankruptcy by Debtors – Gawker Media Files Chapter 11 Bankruptcy and Buys Time

The United States Bankruptcy Code is a powerful tool which, when used expertly, can provide the most precious remedy debtors who cannot pay their current obligations can possess - time.  The remedy of time is not limited to sophisticated large...

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