Bankruptcy Law and Insolvency Law

Congress is moving to raise the debt cap for Subchapter V bankruptcy from $3.4 million to $7.5 million, potentially opening faster restructuring options for more small businesses. But with the bill still awaiting House approval and no guaranteed timeline, should struggling companies wait for legislative action or proceed with available options now? The answer hinges on understanding what delay actually costs when financial distress is already present.

The Maryland Supreme Court has issued a landmark decision clarifying whether passive trusts and other entities must obtain a mortgage lender license to acquire and hold residential mortgage loans in Maryland. This ruling addresses confusion stemming from prior appellate court decisions and regulatory guidance that had created uncertainty in the secondary mortgage market. The decision provides critical guidance on the scope of Maryland's Mortgage Lender Law licensing requirements and their application to pas

The Third Circuit recently held that when determining whether a successor liability claim belongs to a bankruptcy estate, the key question is whether the claim seeks to remedy harm suffered by all creditors collectively or a unique injury suffered by a specific creditor. The fact that creditors may be permitted to bring the claim outside of bankruptcy is not, by itself, determinative.

Congress is moving to raise the debt cap for Subchapter V bankruptcy from $3.4 million to $7.5 million, potentially opening faster restructuring options for more small businesses. But with the bill still awaiting House approval and no guaranteed timeline, should struggling companies wait for legislative action or proceed with available options now? The answer hinges on understanding what delay actually costs when financial distress is already present.

A U.S. bankruptcy court granted chapter 15 recognition to a Luxembourg judicial reorganization proceeding, rejecting creditor objections based on alleged unfairness.

The U.S. District Court for the District of Delaware affirmed a bankruptcy court order granting chapter 15 recognition to a Mexican restructuring proceeding and enforcing nonconsensual third-party releases...