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Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses
While Congress began passing legislation regarding bankruptcy relief early in the 19th century, it was not until The Nelson Act of 1898 before the country had its first modern bankruptcy legislation. Our current Bankruptcy Code traces back to the Bankruptcy Reform Act of 1978.
Flash forward almost 50 years to the COVID pandemic, our bankruptcy laws have developed into a well-established mechanism for protection of both individual and business entity protection, but that relief was frequently beyond the reach of debtors who found the process of filing for relief too complicated and, ironically, too expensive. Notwithstanding COVID's almost instantly devastating impact on the economy, the number of bankruptcy filings in this country in 2020 declined more than 30% from the prior two years.
While there may have been other reasons for the decline in filings (for example, state emergency debt moratorium legislation; consumer and business stimulus programs; and even Pandemic-related court closures), Congress, as early as 2019, saw the need to increase the ability of small businesses to utilize the reorganization benefits of Chapter 11 in a more efficient and less expensive procedure. It passed the Small Business Reorganization Act of 2019 (the SBRA), which became effective on Feb. 19, 2020, right at the start of the pandemic in this country. (Another attempt at broad, consumer-based legislative relief introduced that year by Sen. Elizabeth Warren, the Consumer Bankruptcy Reform Act of 2020, died in Congress.)
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.