Our country encourages entrepreneurship. We have various rules and regulations that can help individuals take an idea and make it into a successful business. Business structures like corporations can offer protection for the entrepreneur to follow through on this idea...
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Corporate Bankruptcy & Restructuring
Restructuring and retail: A surge is likely in 2023
The retail industry continues to struggle in today’s market. The combination of earlier hits from the COVID-19 pandemic and supply chain issues with continued high levels of inflation have left businesses throughout the country with frustrating sales reports. Some...
Disposing of company assets in bankruptcy
One of the most critical issues that attorneys and courts face is what to do with company assets during bankruptcy, specifically, how to dispose of them. Selling the firm’s assets with court approval, allowable by §363 of the bankruptcy code, permits the sale of the...
U.S. bankruptcies expected to rise as federal assistance expires
Public and private corporate bankruptcies are now lower than in over a decade. Here’s how that happened and why it won’t last. How it started Through the end of September of this year, 279 companies with assets or liabilities of at least $10 million have filed for...
Creditor claims, business structure and Delaware law: One important distinction
Entrepreneurs who are choosing a business structure must review the benefits and risks of each before making their choice. Although tax obligations can be difficult with a corporation, the personal liability protection is hard to beat. Limited liability companies...
When is Chapter 11 a smart business strategy?
Movie theater giant Cineworld, owner of Regal Cinemas, made a reported $1.8 million in revenue in 2021 and reports strong box office numbers the first half of 2022 with the releases of Minions: The Rise of Gru and Top Gun: Maverick. Even with these numbers, leaders...
3M’s earplug bankruptcy may sound familiar
3M recently raised the ire of a federal judge when it announced its plan to shift the 230,000 injury lawsuits tied to its defective military earplugs to bankruptcy court. Judge M. Casey Rodgers of the U.S. District Court in Pensacola, Florida, pointed out that the...
What are the benefits of a Subchapter V bankruptcy?
Subchapter V is a subsection of Chapter 11 bankruptcy. Lawmakers created this option with the intent to help small businesses survive after difficult times. It differs from a traditional Chapter 11 in that it generally costs less and has fewer procedural requirements....
Update on CARES Act increase to Subchapter V debt limit
The Coronavirus Aid, Relief, and Economic Security (CARES) Act included an array of provisions to help the country get through the pandemic. One of which that helped small businesses continue operations was an extension of the debt limit under Subchapter V of Chapter...
What should I know about the Automatic Stay?
Using bankruptcy to help restructure a business can provide an opportunity to make it through financially tough times and start fresh. Business owners who are considering this option likely have a lot of questions. One common set of questions revolves around the...