According to American Bankruptcy Institute Executive Director Amy Quackenboss, “Companies that tried to shore up their balance sheets at the beginning of the year represent the initial wave of chapter 11s due to the economic crisis brought about by the COVID-19 pandemic… The CARES Act and other swift government measures have been successful in keeping consumers afloat during the crisis. As this relief runs its course, however, mounting financial challenges may result in more households and companies seeking the shelter of bankruptcy.”
Author: Andrew M. Thaler According to data provided by Epiq, total commercial chapter 11 filings in May 2020 increased 48 percent from the previous year. Total consumer filings decreased 43 percent in May 2020.
According to American Bankruptcy Institute Executive Director Amy Quackenboss, “Companies that tried to shore up their balance sheets at the beginning of the year represent the initial wave of chapter 11s due to the economic crisis brought about by the COVID-19 pandemic… The CARES Act and other swift government measures have been successful in keeping consumers afloat during the crisis. As this relief runs its course, however, mounting financial challenges may result in more households and companies seeking the shelter of bankruptcy.”
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Author: Spiros AvramidisMost individual debtors file bankruptcy expecting to discharge most, if not all, of their debts. There is, however, no absolute right to receive a discharge. Although a general discharge is granted in most filed cases, all debts are not necessarily discharged. Some debts cannot be discharged statutorily under Section 523. In those instances the creditor need not take any action. Certain other debts described in Section 523 are excepted from discharge, but only if the creditor brings a timely law suit—called an adversary proceeding—against the debtor. The lawsuit will seek a ruling from the court that the debt should not be discharged. A creditor with such a claim should be aware of their right to challenge discharge of their claim.
Author: Andrew M. ThalerIn the age of the pandemic, the only certainty for businesses is that there will be uncertainty until there is certainty. That sounds like an absurd riddle but it is true. Consider what is now on the plate of the small business owner. If application was made for a Payment Protection Program loan (“PPP”) but awaits approval, will it ever be funded? In the meanwhile should employers lay people off or reduce salaries? If employees are laid off will they come back to work when things settle down? What is the likelihood of employees coming back to work if they can make more money from unemployment benefits than their regular pay? Do employees not return because of fear of exposure to the virus at work? If a PPP loan is obtained, will at least 75% of the loan be utilized for payroll and approved expenses such that the loan will be forgiven?
Author: Andrew M. ThalerMost small business owners unavoidably have to either incur business debt in their own name (think of an American Express Card) or personally guarantee business debt. The Coronavirus has had a devastating effect on small business. Many small businesses will simply not be able to weather the storm and survive. In this scenario, an inability of non-operating companies to pay its debts will leave small business owners with personal liability on business debt. Now is the time to educate oneself on personal bankruptcy because if an individual has more business than consumer debt, they may be exempt from chapter 7 bankruptcy’s rigorous Means Test and, instead, subject only to a more flexible and forgiving budget test.
Authors: Andrew M. Thaler & Spiros AvramidisThe Coronavirus pandemic has and will continue to cause financial hardship for many individuals and businesses in the weeks and months ahead. The Coronavirus Aid, Relief and Economic Security Act known as the “CARES Act”, which was recently passed into law by Congress, provides financially distressed consumers and small businesses greater access to bankruptcy relief. Major takeaways from the CARES Act include:
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AuthorsThis blog is maintained by: Spiros Avramidis
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