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Northern District of Illinois Strikes Most Hearings Through April 3, 2020 and Extends Most Deadlines by 21 Days.

The following procedures have been adopted by the District Court for the Northern District of Illinois, effective March 17, 2020: In all civil cases, all deadlines, whether set by the court or by the Rules of Civil Procedure or Local Rules, are hereb… Read More
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NOTICE REGARDING § 341 MEETINGS IN THE NORTHERN DISTRICT OF ILLINOIS – EASTERN DIVISION

The Office of the United States Trustee in Chicago recently announted that: Effective immediately, all in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are hereby continued until a later date to be determined. Ab… Read More
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The Warren Bankruptcy Reform Plan

The following is Elizabeth Warren’s description of her bankruptcy reform plan: I spent most of my career studying one simple question: why do American families go broke? When I started my career as a young law professor, I thought — like… Read More
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Agenda for Mack Industries Omnibus Hearing on March 18, 2020

We just posted the agenda for the upcoming omnibus hearing on March 18, 2020, for the Mack Industries case. Visit our Mack Industries page to get the agenda. Read More
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Noting split of authority, 6th Circuit BAP holds debtor's discharge precluded creditor from recovering under prepetition guaranty.

In In re Orlandi, 19-8001 (6th Cir. BAP Feb. 28, 2020), the Sixth Circuit BAP held that a chapter 7 debtor’s liability on a lease guaranty had been discharged when the guarantor/debtor filed for bankruptcy relief years earlier. Thus, the landlo… Read More
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Bankruptcy Court rules that SBRA applies retroactively.

In Moore Properties of Person County, LLC, (No. 20-80081; February 28, 2020), Judge Kahn, of the Bankruptcy Court for the Middle District of North Carolina, held that under the specific facts before the Court the SBRA could be applied retroactively s… Read More
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Bankruptcy Court Concludes SBRA Applies to Pending Cases

In what appears to be the first case applying the Small Business Reorganization Act (SBRA), on February 21, 2020, a Central District of California bankruptcy court (In re Progressive Solutions, Inc., Case No. 8:18-bk-14277-SC) held that an existing c… Read More
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FactorLaw's Summary and Analysis of the Small Business Reorganization Act

1. THE SUBCHAPTER 5 ELECTION. Chapter 11 now contains a “Subchapter 5” which applies only to “small business debtors” that make a so-called “Subchapter 5” election. See 11 U.S.C. §§ 1181-1195. Absent such an election, the small business… Read More
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Mack Industries - Agenda for February 19 Omnibus Hearing

We just posted a copy of the agenda for the next omnibus hearing in the Mack Industries case, which takes place on February 19, 2020, at 10:45 a.m. Click here to go to our Mack Industries page. Read More
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Sears Bankruptcy Commences Preference Suits

According to Bloomberg, the Sears Holding bankruptcy estate estimates that they have filed or will be filing approximately 2000 preference recovery suits against vendors to claw-back payments made within 90 days of bankruptcy. It is further reported… Read More
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