What’s New in Business?
Demystifying 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.
Read MoreDemystifying post-Bankruptcy Credit Opportunities
Credit scores can begin an uptick fairly quickly after the completion of a bankruptcy case. Borrowing can begin within a few months via secured credit cards or credit-builder loans, and VA or FHA mortgages can be obtained within two years. Moreover, increasing innovations in fintech should yield more non-traditional opportunities. In sum, while bankruptcy may remain on …
Read MoreWill consumers recoup gift card claims in retail bankruptcies?
Gift card claims in bankruptcy are spotlighted in this article which highlights efforts by consumer advocates to put these claims at the head of the pay-out line, as well as provide support through an official court committee of consumer creditors. Note that retailers may shorten the deadline for collecting on the card.
Read MoreThe scales are tipping as COVID-19 is increasingly found to be excluded from Business Interruption Insurance
As businesses struggle to survive COVID-19 closures, courts are continuing to find that Business Interruption policies do not cover pandemics. This is where the government needs to step in and help subsidize businesses per the model being followed in Canada. Otherwise, bankruptcy may be the only other option.
Read MoreEmployees Entitled to Bankruptcy Heads Up & Job Security
Employees in California are newly entitled to a 15-day heads up of a utility’s bankruptcy filing, as well as job security for at least 6 months after the filing. PG&E Corp. was prompted to disclose its intent to file for chapter 11 by a new California law that includes this novel provision requiring a 15 day warning to employees…
Read MoreTips for Client Management of Financial Distress Issues: How can you help your business and individual clients who find themselves at risk?
Women Owned Law, December 7, 2018
Read MoreNew Student Loan Consumer Group is Taking Initiative
A new student loan consumer watchdog group is taking initiative to help and protect student borrowers in the absence of government action. This non-profit consumer group is led by people who quit the Trump administration Consumer Financial Protection Bureau and hope to serve as a check on the student loan industry. Known as the Student Borrower Protection…
Read MoreThe Small Business Reorganization Act of 2018 features Affordable Price Points & Expedited Process
The Small Business Reorganization Act of 2018 features affordable price points and expedited process for small businesses with a debt load of $2.5 million or less. The goal is to encourage and facilitate the rebuilding and retooling of small businesses in our turbulent yet very entrepreneurial economy. The proposed law provides incentives for owners who…
Read MoreITT Tech Student Loans Settle in Bankruptcy versus other Government Loans
ITT Tech student loans settle in bankruptcy and will be paid out assuming that ITT’s bankruptcy estate has sufficient funds. The settlement that will erase nearly $600 million that 750,000 students owed ITT Technical Institute. The agreement will also refund $3 million that students paid the for-profit chain. The students asserted a $1.5 billion claim…
Read MoreBitcoin Mining Pioneer GigaWatt Seeks Bankruptcy Protection
Bitcoin mining pioneer, GigaWatt, seeks Chapter 11 bankruptcy protection in Spokane, Washington. The filing is the latest twist in an entrepreneurial saga stretching back to the early days of bitcoin and may be connected to efforts by three of the company’s majority shareholders to sell GigaWatt. One of its co-founders, David Carlson, a former Microsoft…
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