When a business owner files an individual bankruptcy case, courts disagree on whether the owner’s personal guarantees of the business debt are discharged. A Wisconsin district court recently addressed this issue. What practical pointers can practitioners take from this recent decision and the rulings of other courts?
What steps should creditors take to best understand their rights and ensure they are as fully protected as possible both before and after a cryptocurrency bankruptcy case is filed.
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?
A recent law review article analyzed the different categories of bankruptcy filers. What can bankruptcy practitioners use with that information and how can that information impact bankruptcy public policy?
When conducting a winddown of a business, should the business formally dissolve? What are the benefits and what are the risks when dissolving an entity?
The Supreme Court’s Siegel opinion found the U.S. Trustee’s temporary fee increase unconstitutional. What are the implications of the opinion?
Small businesses face ever-increasing financial distress from a number of different factors, including price inflation, supply chain issues, and workforce changes. How widespread are these issues and what will their impact be on small businesses in the future?
The Ninth Circuit Bankruptcy Appellate Panel recently applied a totality of the circumstances test to determine what types of activities satisfy the core or historical operations requirement for debtors that are no longer operating.
For circuits that have Bankruptcy Appellate Panels, appealing parties must make a critical choice on appeal: do they elect to have their appeal heard by the Bankruptcy Appellate Panel or the District Court?
Shortly after the Southern District of New York ruled on third-party releases in the Purdue Pharma case, the District Court of the Eastern District of Virginia similarly overturned a plan containing third-party releases in the Ascena Retail Group bankruptcy case. How does this decision relate to the Purdue Pharma decision and what does it mean for the future of third-party releases?
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