The New York Attorney General recently announced a significant settlement with "Yellowstone Capital" and its related entities regarding their merchant cash advance (MCA) practices. Under this settlement, many small business owners who borrowed from Yellowstone may be entitled to debt cancellation, vacated court judgments, and...
Through a series of quarterly articles, I aim is to demystify the bankruptcy process for our colleagues and demonstrate that it need not be intimidating. I will provide actionable insights designed to enhance your practice. Whether you are a litigator, family law attorney, real estate...
It is often said that bankruptcy lawyers speak a language of their own, and to some extent, this is true. However, once the linguistic barrier is overcome, the underlying concepts are both practical and straightforward. Through a series of quarterly articles, my aim is to...
Most everyone that owns a business knows about the COVID Payroll Protection Program. Still others likely know about the Economic Injury Disaster Loans (“EIDLs”) that were available to businesses during COVID. But, did you know that the EIDLs were not specific to COVID. In fact,...
Subchapter V of the Bankruptcy Code was created under the Small Business Reorganization Act of 2019 (SBRA), which became effective on February 19, 2020. Most corporate restructuring attorneys will tell you that Subchapter V has been tremendously successful. Upon enactment, small business debtors with less than...
Will I lose my house if my company files for bankruptcy? Clients often confuse the separation between (i) a company (such as an LLC), and (ii) the owner of the company. I tell my clients to think of the company as a living and breathing creature...
Bankruptcy Code section 1189(b) permits bankruptcy courts to extend the deadline to file a Subchapter V plan “if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.” Courts agree this is a higher standard than...
Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan. In the form of an opinion, Bankruptcy Judge Robert H. Jacobvitz of Albuquerque, N.M., wrote a treatise...
On November 17, 2022, the United States Department of Justice (“DOJ”) issued its new Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation (“Guidance”), crafted in consultation with the Department of Education. The Guidance is not statutory law, and is unlikely to herald a dramatic...
The Supreme Court of the United States issued a landmark decision in Bartenwerfer v. Buckley, 21-908 (Sup. Ct. Feb. 22, 2023). In Bartenwerfer, the Court addressed whether a non culpable, passive partner of a legal partnership could discharge debt that arose from an active partner’s fraud. In an...