Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled...more
Debtors facing regulatory fines and penalties want to shed them in bankruptcy and emerge without paying them. With certain exceptions, the Bankruptcy Code provides for the discharge of most debts that arise before a plan is...more
4/21/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Code ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Fraud ,
Nondischargeable Debts ,
Penalties ,
Regulatory Fines ,
Trustees
A junior lienholder that receives a payment to release its “out of the money” lien may not have to repay it if their borrower files for bankruptcy shortly thereafter as decided recently in Lauter v. Wells Fargo Bank (In re...more
Funding expensive obligations for retiree health benefits, often an impediment to running a financially stable business or even successfully navigating a Chapter 11 bankruptcy process, may no longer present such a problem—at...more
A secured lender facing the prospect of having the essential provisions of its loan re-written in a Chapter 11 plan of reorganization will look for options to prevent or minimize the likelihood of such a revision. Chapter 11...more