By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent DevelopmentsAs discussed in an earlier post called “Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2016. This information sheet has a list of all the dollar amount changes now in… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent DevelopmentsAn official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased ever so slightly — only about 3% this time — for new cases filed on or after April 1, 2016. Follow this link for the Federal Register page with a chart… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent DevelopmentsLast week, the U.S. Court of Appeals for the Seventh Circuit addressed whether a buyer of assets outside of bankruptcy (in this case, from a receivership), takes on successor liability for federal Fair Labor Standards Act ("FLSA") claims made by the employees of the company whose assets it purchases. Although the case arose in a receivership, the Seventh Circuit’s opinion provides important… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent DevelopmentsIt hasn’t gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the changes on this Federal Register page, which printed this month’s official notice from the Judicial Conference of the United… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent DevelopmentsIt hasn’t gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for cases filed on or after April 1, 2010. You can find a chart listing all of the changes on this Federal Register page, which printed last month’s official notice from the Judicial Conference of the United States.… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy Issues,Recent Developments,The Financially Troubled CompanyThe Fall 2008 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy… Continue Reading
By Bob Eisenbach on Posted in Recent Developments,The Financially Troubled CompanyWhen insolvent companies are unable to make payroll or to pay accrued vacation or other amounts owed employees, the question often arises whether directors, officers, or shareholders face personal liability for these unpaid amounts. The California Court of Appeal recently addressed that issue, examining whether particular sections of the California Labor Code, as well as section… Continue Reading
By Bob Eisenbach on Posted in Business Bankruptcy IssuesTomorrow, October 17, 2007, marks the second anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, known as BAPCPA. BAPCPA was enacted primarily to make sweeping changes to the consumer provisions of the Bankruptcy Code. However, BAPCPA also made significant revisions in the business bankruptcy arena. When it was… Continue Reading
By Bob Eisenbach on Posted in The Financially Troubled CompanyAlmost every financially troubled company will face a layoff at some point. Knowing how to implement one with sensitivity to all employees (including those not part of the layoff) and with the needs of the business squarely in mind can best preserve the ability for future success. Will Herman, an entrepreneur and former CEO of… Continue Reading
