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The Restructuring Report

Reps and Warranties Insurance in Bankruptcy and Insolvency

July 24, 2020

Reps and warranties insurance, which has become common in conventional M&A transactions, is now being marketed for use in distressed transactions, including 363 bankruptcy sales. How will that work and can it help facilitate a more robust and competitive sale process?

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COVID-19 Job Losses and the Importance of the Updated Minnesota Exemptions

July 24, 2020

Minnesota exemptions were recently updated, increasing the amount of assets that individuals may protect.

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Serving Up Some Help: How Subchapter V Can Solve Problems for Service Industry Debtors During the Time of COVID-19

June 25, 2020

As COVID-19 continues to devastate the U.S. and local economies, the service industry in particular has experienced substantial declines in both business and profits. However, the new Subchapter V of Chapter 11 of the Bankruptcy Code and the CARES Act have provided service industry debtors with new and potentially life-saving tools to solve their unique debt issues moving forward.

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Developments in PPP Loans: Sidestepping the SBA’s Anti-Debtor Stance

June 25, 2020

As Chapter 11 debtors have grappled with the SBA’s surprising anti-debtor stance, a promising strategy has emerged. This strategy does not make sense for every Chapter 11 debtor, but for those Chapter 11 debtors that need additional liquidity and otherwise qualify for a PPP loan, quick action may be necessary.

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Strategies to Improve Treatment of Claims Before Any Bankruptcy Filing

April 22, 2020

Steps and strategies for trade vendors to protect themselves in the event a customer may file for bankruptcy during economic disruption.

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The Covid-19 Economic Fallout: Think Outside the Box for Tools and Remedies

April 22, 2020

Professionals should consider the traditional tools for helping troubled businesses but also explore non-traditional methods of solving client problems.

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CARES Act Increases The Limits For Small Business Bankruptcy Cases, But How Does A Small Business Bankruptcy Case Work?

April 22, 2020

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?

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Another Chapter in the Bankruptcy Code?

February 11, 2020

After Congress amended the Bankruptcy Code in 2019 to provide additional relief to farmers and small businesses, could Congress be poised to make yet another change to the Bankruptcy Code in 2020?

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Keeping Your Bankruptcy Practice in the Twenty-First Century: The Expanding Issue of Cryptocurrency

February 11, 2020

What is cryptocurrency? Bankruptcy practitioners and the courts better figure it out soon as the growth in popularity of cryptocurrencies continues to create new legal issues under the Bankruptcy Code.

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Section 363 Sale Survives Collateral Attack by Chapter 7 Trustee

February 11, 2020

A recent Eighth Circuit decision protected an important aspect of the Chapter 11 process, the sale of substantially all of the assets of a debtor, while also providing two key practice pointers for estate professionals when conducting a sale process.

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