Bankruptcy law in 2021 is dynamic, with many trends affecting those filing for bankruptcy or being impacted by it. Major national trends include:The new Chapter 11 Subchapter V for small filingsThe 2021 American Rescue Plan passed in early March, as well as the two 2020 CARES Acts (the CRRSAA or Coronavirus Response and Relief Supplemental […]
David Jennis and Daniel Etlinger recently presented at Stetson’s University College of Law – Advanced Bankruptcy Seminar (Course 1068), taught by the Honorable Michael G. Williamson, on Procedural Issues Including Withdrawal of the Reference, Jurisdiction (Stern and Safety Harbor Issues), Venue, and Abstention.
Below is an update on COVID-19 provided by Law360: Law360 (July 31, 2020, 4:08 PM EDT) — Bankruptcy experts are applauding a proposed change to the Paycheck Protection Program that will allow small business debtors to access loans under federal COVID-19 relief packages, correcting what they say was a mistake in early versions of […]
Businesses Are Filing For Bankruptcy & Insolvency The last few months amid the coronavirus pandemic have seen serious economic impacts. Large retailers aren’t necessarily immune to these impacts and we’re starting to see a rise in bankruptcy and insolvency cases among them. It’s important to understand why businesses are filing for bankruptcy and what bankruptcy […]
Facebook has tapped Kilpatrick Townsend & Stockton for its first Law Firm Diversity Champion Award. The award recognizes Kilpatrick Townsend’s dedication to diversity in its staffing of Facebook matters and its overall diversity program, according to a law firm press release and an article by the American Lawyer. Facebook chose Kilpatrick Townsend after gathering diversity […]
A federal appeals court is allowing a Maryland federal judge to consider new evidence of an alleged discriminatory motive in the Commerce Department’s decision to add a citizenship question to the 2020 census. The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, ruled Tuesday, a day after U.S. District Judge George Hazel issued an […]
New York is poised to join the increasing number of states that are banning gay and trans “panic defenses” in murder cases. According to USA Today, Gov. Andrew Cuomo has said he would sign a bill passed Wednesday saying “it shall not be a ‘reasonable explanation or excuse’ … when the defendant’s conduct resulted from […]
In re Fulton, 18‐2527 Held that the City of Chicago violated the Bankruptcy Code’s automatic stay when it continued to hold debtors’ impounded vehicles until they paid their outstanding parking tickets. The city must return the vehicles to the debtors, the Seventh Circuit concluded in these four consolidated Chapter 13 bankruptcy cases.
In re Linn Energy, L.L.C., 18-40443 Held that an energy company’s Chapter 11 bankruptcy plan did not entitle a class of lenders to $30 million in post-petition default interest. Affirmed the rulings below.
In re Wade, 18-2564 Held that bankruptcy debtors could not appeal the denial of their motion for sanctions, because they had not filed a petition for permission to appeal, as required under Federal Rule of Bankruptcy Procedure 8006(g). Criticized two circuit precedents that appeared to recognize exceptions to this procedural requirement.
