News Topic: Small Business Bankruptcy
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The Trap of Merchant Cash Advances and Financing
If you have a business, you have no doubt received advertisements for “ merchant cash advances ,” “merchant loans” or “merchant financing,” whether or not those specific terms are used. If in doubt, just do a search for those terms and you will get a ... Read full article
New Chapter 11 Filing Alert – Governors Gun Club Kennesaw, LLC
The Governors Gun Club of Kennesaw filed a Chapter 11 case in the Northern District of Georgia on August 17, 2022. Case No. 22-20787-jrs. The reason for the filing, as stated in pleadings filed with the Court – ... Read full article
Small Business Reorganization After Covid-19 Pandemic: Better and Cheaper Options
In a recent article the New York Times, citing a poll, rather pessimistically stated that more than 40% of the small businesses in the country could close permanently in the next six months ... Read full article
Bankruptcy and Reorganization for Small Businesses After Covid-19.
Lender’s Security Interest In Cash Collateral Is Separate & Distinct From Security Interest In Land, Entitling Lender To Separate Adequate Protection For Cash Collateral
The issue before the District Court in Putnall v. SunTrust Bank, No. 5:12-cv-481, 2013 U.S. Dist. LEXIS 44187 (M.D. Ga. ... Read full article
Can I File A Chapter 7 Bankruptcy For My Small Business Only?
The Small Business Entrepreneur: He employes half of all private sector employees, pays 44 percent of total U.S. private payroll, and has generated 65 percent of net new jobs over the past 17 years. ... Read full article
Southern District of Georgia: Small Business Chapter 11 Plan Must Be Filed Within 300 Days; Deadline Cannot Be Extended Pursuant To Section 105.
In re Randi's, Inc ., Ch. 11 Case No. ... Read full article
Alternatives to Mortgage Foreclosure in Montana
“A full-fledged recovery in the housing sector will likely elude the U.S. in 2012.” — Frank Nothaft, chief economist for mortgage-finance company Freddie Mac A rising number of foreclosures and a stagnant economy add up to another difficult year for ... Read full article
Can Creditors File A Derivative Action Against Limited Liability Company?
In CML V, LLC v. Bax , No. 735, 2010 (Del. Supr. Sept. 2, 2011) ( click here for .pdf of opinion ), the Delaware Supreme Court addressed the questions of whether a creditor can file a derivative action against a limited liability company. Plaintiff CML ... Read full article
Assignments of Trademarks in Bankruptcy - Judge Posner and 7th Circuit Provide Answer
The Seventh Circuit Court of Appeals has issued the first published Circuit Court opinion on the question of whether trademarks are assignable in a Bankruptcy case. The opinion, authored by Judge Posner, is in the case of In re XMH Corp ., Nos. ... Read full article
Cagle's Farms Files Chapter 11 Bankruptcy Petition In Georgia; Reclamation Claims Filed.
Cagle's Farms filed Chapter 11 Petitions in the Northern District of Georgia on October 19, 2011. The related cases are In re Cagle's, Inc . (dba Integrated Poultry Company), Ch. 11 Case No. 11-80202 and In re Cagle's Farms, Inc ., Ch. 11 ... Read full article
Cagle's Farms Files Chapter 11 Bankruptcy Petition In Georgia; Reclamation Claims Filed.
Cagle's Farms filed Chapter 11 Petitions in the Northern District of Georgia on October 19, 2011. The related cases are In re Cagle's, Inc . (dba Integrated Poultry Company), Ch. 11 Case No. 11-80202 and In re Cagle's Farms, Inc ., Ch. 11 ... Read full article
Assignments of Trademarks in Bankruptcy - Judge Posner and 7th Circuit Provide Answer
The Seventh Circuit Court of Appeals has issued the first published Circuit Court opinion on the question of whether trademarks are assignable in a Bankruptcy case. The opinion, authored by Judge Posner, is in the case of In re XMH Corp ., Nos. ... Read full article
Can Creditors File A Derivative Action Against Limited Liability Company?
In CML V, LLC v. Bax , No. 735, 2010 (Del. Supr. Sept. 2, 2011) ( click here for .pdf of opinion ), the Delaware Supreme Court addressed the questions of whether a creditor can file a derivative action against a limited liability company. Plaintiff CML ... Read full article
Do I Lose My Small Business If I File Bankruptcy?
