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Is it an Executory Contract? Don’t Be So Sure(ty)!

USA - October 18 2021 In the ever-churning waters of the Countryman test for determining whether a contract is executory, the United States…

5th Circ. PPP Ruling Doesn't Doom Debtors Seeking Loans

USA - July 17 2020 On June 22, U.S. Circuit Judge Judge Jerry Smith issued a short, three-page opinion in the case Hidalgo County Emergency Service Foundation v…

Shane G. Ramsey.

The Fifth Circuit Sides with SBA on PPP Loan Issue, Dealing Blow to Debtors

USA - June 29 2020 The United States Court of Appeals for the Fifth Circuit has dealt a blow to debtors seeking Paycheck Protection Program (“PPP”) loans under the…

Court Upholds Force Majeure Defense for Missed Rent

USA - June 24 2020 In a decision considered the first of its kind, a court held that government restrictions to combat the spread of COVID-19 "qualify as a force majeure…

Woods Drinkwater, Beth Huffman.

In re Hitz: Bankruptcy Case Shows Why Force Majeure should be De Rigueur in the Age of Coronavirus

USA - June 16 2020 Over the past three months, as COVID-19 threatened to spread to more and more Americans, nearly every state-imposed restrictions — or outright…

Woods Drinkwater.