Posts Tagged ‘small business’
Please Join a Great Cohort of Women-Owned Start-ups to Discuss Building your Business
Please join me and my sister-owned start-ups, as we navigate the Legal Basics for Starting a Business on February 17, as part of WBEC-East’s Jumpstart-Business Launch. Registration is at the following link: https://wbeceast.com/events/
Read MoreEstablishing a U.S. Entity – A Primer for Israeli Digital Health Start-Ups
Had a fabulous experience serving as faculty on the topic of Establishing a U.S. Entity for Tel Aviv University’s annual 4-day bootcamp, Health Care Technological Innovation – From Idea to Commercialization, hosted by the Lahav Executive Program for Biotechnology, Medical Device and Health IT Entrepreneurs and Managers at the Coller School of Management. This unique intensive program focuses…
Read MoreSEC to Expand Crowdfunding Investment Pool
The SEC recently voted to expand its mission to help small business fundraise in private markets by increasing the threshold crowdfunding amount to $5M and the amounts that the non-accredited can invest. This new access is expected to boost entrepreneurship, now ever more present in our new normal of COVID-19.
Read MoreDebt of Single Asset Real Estate entity blows Subchapter V Eligibility
A recent bankruptcy court decision has found the debt of an affiliate that is ineligible to file for Subchapter V to be included in the $7.5M threshold for eligibility (and post-CARES Act, a $2.7M threshold). In this case, the affiliate was a single asset real estate entity. This decision appears counterintuitive. Stay tuned for an appeal?
Read MoreThe Catch 22 in Crowdfunding Campaigns
A recent study shows that crowdfunding psychology requires a unique fundraising strategy. An abundance of early donations is viewed as originating from friends and family who have not scrutinized the deal, while the opposite is inferred from a lean start. Balancing this perception from day 1 is key to a successful campaign.
Read MoreTitle VII Loophole Allowing Bank Discrimination May be Soon be Closed
As our country reconciles inequity in the law, The Fair Access to Financial Services Act, introduced last week, prohibits discrimination by banks, closing a gaping loophole. Title VII subjects only certain businesses to its prohibitions, such as movie theaters, restaurants and hotels, allowing banks to treat customers differently. While many states prohibit bank discrimination, the disparity necessitates…
Read MoreSubchapter V has become a cost-effective bankruptcy lifeline for a business reboot
A group of mid-western businesses comment on their unique ability to reorganize under Subchapter V of the Bankruptcy Code in accordance with its intended goal to allow small business owners to retain control of a reorganizing company. Drafters of the new law effected much needed tweaks to the chapter 11 process, an endeavor that has proved to…
Read MoreAn Individual Chapter 11 Plan must be funded by more than Business Income
In re Patel, a recent CA bankruptcy decision, held that chapter 11’s requirement for individual debtors to pay unsecured creditors from “disposable income,” encompasses income from all sources. Note that this would equally apply in Subchapter V. The Patel Chapter 11 plan listed only motel income which was insufficient to fund a payout to unsecured creditors. While…
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.
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