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Since the passage of the Bankruptcy Act of 1898, and particularly since 1926, United States bankruptcy laws have contained a provision that would penalize debtors who use false pretenses or false financial documents to obtain credit. The Supreme Court’s decision in Lamar, Archer & Cofrin, LLP v. Appling, 138 S. Ct. 1752, 201 L. Ed. 2d 102 (2018) (Lamar, Archer) has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower’s creditworthiness.
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The Shutdown of the Restaurant Industry: The Widespread Impact
By Gerald D. Davis and Amy L. Drushal
Restaurants are already fragile businesses, not known for lucrative revenue, but instead known for surviving on tight margins. When the industry reopens to the “new normal,” what will the restaurant industry look like?
Advertising Section 363 Sales in the Digital Age
By Mark S. Melickian and David M. Madden
this article provides an overview of the legal landscape governing §363 sales and the types of Internet-based resources available to potential asset sellers.
Open Questions Regarding Disallowance Under Section 502(d)
By Paul A. Rubin and Hanh V. Huynh
The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant.
Preparing for State Bankruptcies
By Samantha Stokes
It’s no secret that major law firm bankruptcy practices are ramping up for a historic rise in Chapter 11 filings as industries are battered by the COVID-19 pandemic. Controversial comments by Senate majority leader Mitch McConnell in April raised the possibility that restructuring lawyers could also gain a new clientele: state governments.
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