What’s New in Business?
Business Model for an Inclusive Remote Culture
Start-up, Ultranauts, a virtual data analytics company, has seemingly invented the secret sauce to an engaged corporate culture. And it is willing to share. Its in-house app, Biodex is key, starting each day with this inquiry: How “interactive” — ready to communicate with others — are you feeling today? What’s your energy level? Note that…
Read MoreUS Credit Scores have gone up due to pandemic aid
In the latest report, consumers have prioritized paying their credit cards using the CARES Act’s unemployment benefits and mortgage moratoria to fuel a rise in credit scores. This has left some lenders confounded and looking for other ways to measure credit-worthiness. Consumers should be aware that banks may be using bank transaction history to make…
Read MoreCOVID-19 spurs patent litigation among telehealth providers
Alert! All entrepreneurs and intrapraneurs in the healthcare space! COVID-19 has accelerated the advent of telehealth, and providers are vying for the #1 spot. A recent lawsuit filed by Teladoc highlights the importance of promptly securing patents and other forms of digital IP as barriers to entry from day 1.
Read MoreStakeholders anxiously await clarification of PPP loan forgiveness process
Borrowers and lenders are being advised to sit tight, while Congress reworks the kinks toward debt forgiveness for PPP loans. As outlined by the NYT, progress is being made toward overcoming the various hurdles so that all stakeholders will be able to achieve the initiative’s well-intended respite and fresh start.
Read MoreIs a PA Gaming License property that can be clawed back in bankruptcy?
The Commonwealth of PA was recently permitted to sustain revocation of a debtor’s gaming license and keep the $50M paid per state forfeiture laws, as a license is considered a privilege versus reclaimable property. This is yet another example of the intricacies of pre-bankruptcy planning, as lawyers and debtors collaborate to re-tool with minimal friction.
Read MoreAverting Bankruptcy: PPP loan forgiveness to be launched
The SBA is thankfully beginning to forgive PPP loans, staving off the backlog blocking new loans, as well as averting bankruptcy filings in the face of mounting debt. Legislation is also being drafted to streamline the paperwork for forgiving small loans, by permitting borrowers to self-verify to the proper use of funds.
Read MoreStudent Loans are inching toward normalization with other dischargeable debt in Bankruptcy
The Student Borrower Bankruptcy Relief Act has been initiated by the House to eliminate the Bankruptcy Code’s ambiguous barrier to student loan discharge, which has been read to require a showing of severe financial hardship if the debtor is forced to re-pay. This complements the judicial trend to discharge private student debt to effect the policy of…
Read MoreDemystifying Bankruptcy: More on tenant tips
Filing for bankruptcy can help a tenant break a long-term above-market lease, as bankruptcy law provides the tenant with a special cap on damages at three years rent. Planning ahead is key, and on the flip side, a landlord can head off a potential major loss by keeping tabs on its tenants’ financial portfolios as…
Read MoreDemystifying Bankruptcy: Filing for bankruptcy can never cause a contract default
For example, a typical clause in leases states that a tenant’s filing for bankruptcy causes a default, allowing the collection of remedies. This is merely a scare-tactic and is known as an ipso facto clause that has zero legal effect. In fact, a bankrupt tenant can even make the unilateral decision to continue the lease.
Read MoreDemystifying Bankruptcy: Avoid “fraudulent transfers”
A salary raise by a distressed business entity for no services, or transfer of funds to a new entity for no value are prime examples of fraudulent transfers, as reasonably equivalent value has not been exchanged. These deals are vulnerable to unwinding, but with advance planning, the outcome can be a win-win for all.
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