Retail bankruptcies are at a post-recession high. While the conventional wisdom is that online retailing is the culprit, this is only partly correct. This article offers a more in-depth analysis on the state of the retail industry.
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If Jevic Is Your Problem, Litigation Finance Might Be Your Solution
In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority ...
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Study Examines How Often Debtors Seek to Reaffirm Auto Loans
The incidence of chapter 7 debtors intending to reaffirm their auto loans notably decreased after BAPCPA, but data shows that debtors still overwhelmingly want to use bankruptcy to keep their cars.
Reading the Tea Leaves: The Credit Markets and the Next Default Cycle
The current state of the credit markets and recently passed tax provisions hold clues as to possible future corporate defaults, restructurings and bankruptcies in the next economic downturn.
Game of Loans
Much ink has been spilled in recent years detailing the student loan crisis. This article examines some of the numbers behind the issue and discusses possible solutions.
The Small Business Reorganization Act of 2019
Congress passed the SBRA to streamline chapter 11 for small business debtors. While the SBRA involves many specific reforms, this article examines eligibility and governance and oversight.
Applying HAVEN Act to Cases Filed Before Its Enactment
Strong arguments can be made that the HAVEN Act should apply to bankruptcy cases that were filed before it became law and that are still pending, including confirmed chapter 13 cases.
Trustee Avoidance Cases to Recover Debtors' Education Payments for Their Children
Chapter 7 trustees have increasingly brought claims to avoid education-related payments made by debtors on behalf of their children as fraudulent transfers under 11 U.S.C. §§ 544 and 548.
What the Rules of Professional Conduct Say About Social Media
Ethics opinions from across the nation make it clear that the rules of professional conduct (RPC) apply to attorney communications and marketing in digital form just like any traditional medium.
HAVEN Act: Protecting Disability and Death Benefits in Bankruptcy
The HAVEN Act amended § 101(10A) of the Bankruptcy Code by replacing subparagraph (B), which exempts service member death and disability compensation from current monthly income.
Should "Wet Ink" Signature Requirements Be Abolished?
Many courts have enacted local rules requiring attorneys to retain “wet ink” signatures for a certain period of time, but such rules ignore the reality that business is largely conducted digitally.
Restructuring a Distressed Health Care Portfolio Company
In recent years, PE investment in physician practices and health care has notably increased, which could lead to an increasing amount of restructurings for PE in the complicated world of health care.
How the USTP Plans to Implement HAVEN Act, SBRA
As the SBRA and HAVEN Act represent substantial changes to bankruptcy law and practice, teams of EOUST personnel are working to recommend changes to the USTP’s practices and to identify legal issues.
Beware of Potential Damages When Filing an Involuntary Petition
Commencing an involuntary bankruptcy case against an adversary could result in severe consequences to a petitioning creditor in the form of attorneys’ fees, compensatory damages and punitive damages.
Much quicker and generally less expensive than traditional chapter 11 filings, prepackaged chapter 11s (prepacks) have been on a steep rise in the last few years — as have “super speedy prepacks.”
Toxic Tort Claims in Bankruptcy
Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets.
In Valuation, Should Management Be Believed?
Management often has familiarity with a company’s operations, competitors, opportunities and challenges. However, valuation experts shouldn't blindly accept the projections management produces.
Arbitrability of Student Loan Dischargeability
In their first years of coexistence, the Bankruptcy Code and Federal Arbitration Act (FAA) rarely, if ever, intersected, but the explosion in student loan debt has finally led to their entanglement.
How Long Will Bankruptcy Filings Remain Stable?
While filing levels have been relatively unchanged for the last several years, in the bankruptcy world large annual swings in filings are far more common than periods of stability.
Climate-Change Claims in Bankruptcy Courts
In In re Peabody Energy Corp., the district court affirmed the bankruptcy court’s finding that causes of action to hold a coal company responsible for climate change were discharged in bankruptcy.
When Pets Are Collateral for Secured Loans
Although animal lovers might not want to believe it, it is possible for pets in the U.S. to be seized and sold for debt repayment.
How the Bankruptcy Code Disserves Those Who Have Served