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In the wake of the global COVID-19 pandemic, Congress hurriedly passed a host of economic relief bills to provide “American workers, families, and small businesses fast and direct economic assistance and to preserve jobs.” The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted in March 2020 to provide over $2 trillion in economic relief. The CARES Act included the Paycheck Protection Program (PPP) and certain follow-on acts that injected over $650 billion for small business and their employees. Additionally, small businesses were granted the right to apply for Economic Injury Disaster Loans (EIDL) offered by the U.S. Small Business Administration (SBA).
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Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
By Daniel Coyle
Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities.
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
By Michael L. Cook
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
Asserting the Common Interest Doctrine In Plan-Related Discovery
By Francis J. Lawall and Marcy J. McLaughlin Smith
The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
By Earl M. Forte
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
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