Many healthcare companies, both for-profit and nonprofit, are facing increasing financial distress, causing many of them to seek relief under Chapter 11 of the U.S. Bankruptcy Code to restructure their financial obligations, sell substantially all of their assets, or implement an orderly plan of...
Last year, when I sat down to write the guest editor’s column for the 2020 healthcare issue, we were reeling from a pandemic that not only was straining our already overtaxed healthcare system but also exacerbating the socio-political fissures that have dominated headlines, created misinformation,...
The U.S. experienced the lowest total number of bankruptcy filings since 1986 last year, including individuals filing for bankruptcy, a somewhat surprising statistic given the devastating impact of the pandemic-driven shutdowns across the United States and around the world. Bucking that trend,...
A little over one year ago, just as the country was heading into a period of unprecedented turbulence caused by the COVID-19 pandemic, the Small Business Reorganization Act (SBRA) went into effect on February 19, 2020. Before SBRA, struggling businesses considering bankruptcy had two options:...
As economic calamities in the U.S. dominate the headlines, and the media focus relentlessly on the supposed demise of the retail, hospitality, and other industries, businesses of all sizes are forced to contemplate their futures. In particular, small and medium-size businesses (SMBs), as well as...
Pursuant to the Small Business Reorganization Act of 2019 (SBRA), which became effective on February 19, 2020, Chapter 11 of the U.S. Bankruptcy Code was amended to include new Subchapter V. Through newly added Bankruptcy Code Sections 1181-1195, “small business debtors” should be able to...
As most turnaround professionals know, federal legislation in response to the coronavirus pandemic created a limited window for more businesses to qualify for what is intended to be a faster, less costly, and simpler route through bankruptcy. This route exists through the Small Business...
The addition of Subchapter V to Chapter 11 of the U.S. Bankruptcy Code is an important innovation that introduces significant cost savings, allowing small business debtors an opportunity to reorganize. Most notably, Subchapter V transforms the role of the trustee from one of prosecutor to that of...
