Corporate Governance 2019: Philosophy Meets Reality

By: Laura Day DelCotto I’m reading more and more about ESG – it’s sweeping into vogue in a big way.  I predict that we will continue to see more about it in 2019, including moving beyond the financial investment world.   But how, exactly, do we make decisions that integrate the

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Preparing Your Company for Chapter 11 Bankruptcy

By: Jamie L. Harris Putting your company in Chapter 11 bankruptcy is far more complicated that just signing some paperwork.  First, you need to evaluate if all your financials are accurate and up to date. You will want to get all tax returns timely filed and gather all your insurance

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Interest Rates and Tax Claims

By: Laura Day DelCotto I learn something new every day, so it keeps this life fun. Somehow, I don’t remember ever specifically focusing on 11 USC §511 in all these years of confirming plans.   With interest rates moving so often this year (and in the wrong direction from borrowers’ perspective),

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Chapter 11 May Help Nassar Victims

By: Laura Day DelCotto   The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants.   The filing is viewed with

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HALLOWEEN 2018: A Word on Zombies, The Walking Dead and Death Spirals

By: Laura Day DelCotto Stanley Druckenmiller has been widely quoted recently for his predictions at the NYC Grant’s Investment Conference of looming insolvencies and bankruptcies to be filed by any number of zombie companies: “Seriously, does anyone know why Sears is still in business?”   He is right, the zombies have

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Chapter 11 Bankruptcy: An Option for Individuals

By: Laura Day DelCotto The vast majority of Chapter 11 bankruptcy filings are by businesses:  LLCs, closely held corporations, and large public company filings.  We read about them almost daily in the news.  This is how we have come to mostly think about Chapter 11 in the US: a large

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The Fiscal Health of Healthcare Providers

By: Laura Day DelCotto The American Hospital Association recently reported some statistics that we observe in our practice here in Kentucky.  Nationwide, hospitals have been closing at the rate of about 30 per year.  Bankruptcy tracking statistics mirror the AHA report.  Twenty one hospitals or other health care facilities filed

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Is Chapter 7 Bankruptcy An Option For My Company?

By: Jamie Harris For many small business owners of distressed companies, Chapter 7 bankruptcy may provide some necessary relief.  In evaluating whether your company could benefit from Chapter 7, the first issue is whether you want to continue to operate your business.  Chapter 7 is a liquidating bankruptcy where the

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Payroll Tax Liability of Business Owners

By: Dean Langdon As a business owner, you probably know you can be personally liable if federal employment taxes aren’t paid. But just being a business owner doesn’t mean you are automatically responsible.  For federal withholding taxes you must be a person who is required to remit the taxes and

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Sixth Circuit BAP on Chapter 12

By: Dean Langdon Farming is tough, and family farmers are dealing with several years of low prices and weather-related issues. As we head into planting season, family farmers should be aware that Chapter 12 may help them reorganize and have a brighter future. On March 13th, the Bankruptcy Appellate Panel

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