• Posts by Steven R. Kinsella

    Steve regularly represents corporations, small businesses, and individuals as debtor’s counsel under the various chapters of the Bankruptcy Code. In addition, Steve also represents creditors, contract or lease ...

Recent cases involving structured dismissals and the dischargeability of corporate debts in Subchapter V demonstrate the evolving nature of Subchapter V and its ability to remain an efficient and cost-effective process for small businesses.

As the cryptocurrency industry continues to face significant volatility and new bankruptcy cases are filed every day, what are some of the major issues bankruptcy practitioners and courts will need to address in the coming days?

Can a debtor include releases of non-debtor third parties in its chapter 11 plan? This divisive issue has been litigated before a number of different courts throughout the country. The Southern District of New York recently weighed in and reversed the confirmation of a plan containing third party releases. How does this recent decision impact the continued debate over third-party releases?

If a debtor is a single-member LLC that is treated as a disregarded entity for tax purposes, does the debtor need to file a tax return to comply with 11 U.S.C. § 521(j). If the debtor hires an accountant to prepare and file a tax return for the debtor’s single-member owner due to the debtor’s disregarded entity status, can the bankruptcy estate compensate the accountant?

A recent court decision, Mendelsohn v. Roslyn, provides important lessons for pleading and proving fraudulent transfer claims.

As financial distress grows due to the pandemic, charitable organizations are faced with two immovable forces–increased demand from hard hit communities and decreased funding due to both the economic hardships facing many donors and the cancellation of most live fundraising events.

It has been widely reported that the CARES Act increased the debt limit for small business bankruptcy cases under Subchapter V of Chapter 11, but how do small business bankruptcy cases differ from normal Chapter 11 cases and what are the benefits for small businesses?

Congress recently passed the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019, intended to make the Chapter 12 and Chapter 11 processes more accessible to family farming operations and small business debtors, respectively.

This article provides a brief examination of the changes in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure that went into effect on December 1, 2018, and how those changes may impact the bankruptcy practice.

Payments made to creditors in the 90-days before a bankruptcy filing can be subject to recovery as “preference claims.”

In addition to the normal hurdles debtors face in chapter 11 cases, many energy and farmer debtors must address the safe harbor provisions of 11 U.S.C. § 556, which permit forward contract counterparties to terminate forward contracts immediately after a bankruptcy filing.

The impact of Jevic may have a wide ranging impact on how Chapter 11 cases are administered in the future.

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