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Private Equity Firm and Owner Face Potential WARN Act Liability in Portfolio Companies’ Chapter 7 Bankruptcies

USA - May 10 2020 In Shameeka Ien v. TransCare Corp., et al. (In re TransCare Corp.), Case No. 16-10407, Adv. P. No. 16-01033 (Bankr. S.D.N.Y. May 7, 2020) [D.I. 157]…

New Mexico Court Holds that Bankrupt Entities are Eligible for the Paycheck Protection Program

Mexico, USA - May 7 2020 Joining three other bankruptcy courts, Judge Thuma of the District of New Mexico recently held that the rules issued by the Small Business…

Does a Claim Objection Under Section 502(d) Survive the Transfer of the Claim by the Original Claimant?

USA - April 25 2020 The Southern District of New York recently reminded us in In re Firestar Diamond, Inc., et al., Case No. 18-10509 (Bankr. S.D.N.Y. April 22, 2019)…

Delaware District Court Denies Interlocutory Appeal on Stern Claims

USA - April 23 2020 Bankruptcy courts are often asked to determine the state law rights of debtors and claimants alike. However, the Supreme Court in 2011 held that the…

Fourth Circuit Distinguishes LLC Membership Interests from Economic Interests in a Security Agreement Conveyance

USA - April 4 2020 In Wells Fargo Bank, N.A., f/b/o Jerome Guyant, IRA v. Highland Construction Management Services, L.P. Et al., Nos. 18-2450-52 (4th Cir. March 17…