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Tired owner sitting on floor in closed cafe, small business lockdown due to coronavirus.

When Does the Covid-19 Crisis Compel a Bankruptcy Option for Small Businesses and their Owners

For your information, FactorLaw has prepared the following discussion of how and when chapter 11 can be a viable option for small businesses (or their owners) that are dealing with financial distress caused by the Covid-19 Crisis (the “CVC”). Alt… Read More
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WSJ Reports that Small Business Lenders are tightening standards in response to current economic uncertainty.

In today’s challenging economic environment a lifeline for small businesses may be harder to access — high interest rate small business loans. According to a report in the Wall Street Journal from March 28, 2020, “banks and financia… Read More
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SBRA's Debt Ceiling Increased to $7.5 million - More Businesses and Individuals will Qualify

The massive economic stimulus plan circulating in Congress right now will permit more businesses or individuals to take advantage of Subchapter 5 of the Bankruptcy Code (which FactorLaw has analyzed in prior posts) by increasing the debt cap from $2,… Read More
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Covid-19 Federal Disaster Loans for Small Businesses and Nonprofits.

We have been alerted by an email from the Kreshmore Group, an advisory firm in Illinois, about a new programs called the “COVID-19 Federal Disaster Loans for Small Businesses and Nonprofits According to the email from Kreshmore: On 3/19/2020, t… Read More
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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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