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What’s New in Debtor-Creditor?

Stakeholders 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.

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Is 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.

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Demystifying 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…

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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.

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Demystifying the Negative Mystique of “Bankruptcy”

Bankruptcy law is designed to give us all a fresh start.  Most people don’t have to give up their basic possessions and can keep $25k plus of equity in their homes.  They can choose between immediate discharge relief under Chapter 7, or instituting a repayment plan under Chapter 13, if their assets are beyond the…

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Will 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.

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Student Loan is discharged and Servicer required to pay loan in full

A creative move by a pro se debtor resulted in a successful discharge of its student loan via the Servicer’s default judgement, followed by a full pay-off of the loan by the Servicer to the Department of Education.  In a recent bankruptcy court decision, the court sanctioned the Servicer for harassing the debtor post-bankruptcy, and required…

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