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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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Mack Industries - Agenda for January 15 Omnibus Hearing

We just posted a copy of the agenda for the upcoming Omnibus Hearing on the Mack Industries avoidance actions filed by our office. The next hearing will take place on January 15, 2020, at 10:45 a.m. Click here for to go to our Mack Industries page. Read More
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Mack Industries - Agenda for December 18 Omnibus Hearing

We just posted a copy of the agenda for the upcoming Omnibus Hearing on the Mack Industries avoidance actions filed by our office. The next hearing will take place on December 18, 2019, at 10:45 a.m. Click here for to go to our Mack Industries page. Read More
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Mack Industries - Agenda for November 20 Omnibus Hearing

We just posted a copy of the agenda for the upcoming Omnibus Hearing on the Mack Industries avoidance actions filed by our office. The next hearing will take place on November 20, 2019. Click here for to go to our Mack Industries page. Read More
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Mack Industries - Agenda for October 16 Omnibus Hearing

We just posted a copy of the agenda for the upcoming Omnibus Hearing on the Mack Industries avoidance actions filed by our office. The next hearing will take place on October 16, 2019. Click here for to go to our Mack Industries page. Read More
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ABI Advises that Separate Classification of A Co-Signed Student Loan Barred Under 1322(b)(1)

According to the ABI’s Rochelle Daily Wire, a parent who cosigned a student loan for a child cannot separately classify the loan and pay it in full under a chapter 13 plan. Before filing, the debtor-mother cosigned a 15,000 student loan to fina… Read More
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Small Business Reorganization Act Enacted

As discussed in a previous post, on Friday, the Small Business Reorganization Act was signed into law and will take effect in 180 days. The new law, which FactorLaw will further summarize in future blog posts, adds a new subchapter to the Bankruptcy… Read More
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