By: Laura Day DelCotto The Eighth Circuit recently affirmed the appeal by the “Ad Hoc Committee of Non-Consenting Creditors” of the 2017 confirmation of the Chapter 11 Plan of Peabody Energy, In re Peabody Energy Corp., No. 18-1302 (August 9, 2019). I would say that when the Court points out,
By: Dean A. Langdon Marriage involves sharing risks and rewards with a spouse. Entrepreneurial couples may establish a business together, or one spouse may establish a business and exclude their spouse due to the risk of economic loss. After all, between 20-50% of small businesses fail within the first 5
By: Laura Day DelCotto I recently had a conversation with a contact from eastern Kentucky, who told me that the County Judge Executive of his particular county had stated that county governments in Kentucky are prohibited from filing for bankruptcy. That is incorrect. While none of the 120 Kentucky counties
By: Laura Day DelCotto There are many cases that stand for the proposition that bankruptcy courts are “courts of equity,” but what does that really mean? To the lay person, this sounds like it means that bankruptcy courts have wide discretion to be fair and avoid injustices and abuses of
By: Laura Day DelCotto and Dean A. Langdon The economic challenges in today’s current health care climate are well documented and run to the core of a fundamental national debate rearing its head in the upcoming 2020 election cycle. “Medicare for All” is more than a sound bite or political
By: Laura Day DelCotto I recently attended a session where state officials, judges and bond attorneys discussed some of the reasons that they have encountered as to why municipal entities suffer financial struggles. The point was made that while governmental distress is plainly different from the private sector in numerous
By: Jamie L. Harris If you receive notice that a customer or client has filed for Chapter 7 bankruptcy relief, there are certain things you need to know about the bankruptcy process. First, you should cease any pre-petition collection efforts. The automatic stay afforded by the bankruptcy filing stays any
By: Jamie L. Harris If you or your company is dealing with tax debt, getting resolution of the debt can seem overwhelming, especially when penalties and interest are considered. Typically, whether you are dealing with the state or federal government, payment plans are available. Sometimes, penalties can be waived as
By: Laura Day DelCotto Under the Bankruptcy Code, every 3 years, certain debt limits and the exempt assets limits increase. This is done to keep up with inflation. The amounts recently were raised for all cases filed after April 1. Most of our individual clients ask about what they may
By: Jamie L. Harris If you are facing a garnishment, attachment or execution on a judgment in Kentucky, you are probably wandering what personal property you own is exempt from creditor attachment. Under KRS 427, many items of personal property are exempt from judgment creditor seizure including: jewelry, personal clothing
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