Author Archive

Purdue Pharma Bankruptcy: A Battle Over Much More Than Dollars and Cents

Posted on: August 10th, 2022 by

In 2019, opioid manufacturer Purdue Pharma filed bankruptcy in the Southern District of New York. A large portion of the debt listed on its bankruptcy schedules came from judgments and potential lawsuits against it for its role in the opioid epidemic. Purdue’s owners, the Sackler family, were named in many of those lawsuits and would […]

7 + 13 = 10: The CBRA’s Huge Proposals to Change Consumer Bankruptcy

Posted on: March 14th, 2022 by

When a consumer is facing bankruptcy, many are given the choice between Chapter 7 and Chapter 13. While some consumers have successful bankruptcies under these chapters, these gloves don’t fit many financially distressed consumers. The Consumer Bankruptcy Reform Act (CBRA) was introduced to streamline consumer bankruptcy and provide more consumers with the opportunity to receive […]

Choice of Business Entity for Farmers

Posted on: February 24th, 2022 by

The choice of business entity for a farm is an important decision that can either protect farm owners and their families from the risks inherent in the farming enterprise or expose them to those risks. Farmers employ various forms of business entity, and the choice varies greatly between types of farms and their sizes. Many […]

Collection of Lawsuit Attorney Fees in Iowa

Posted on: January 14th, 2022 by

Attorneys’ fees can be significantly expensive for a party in a lawsuit, and often those fees cannot be recovered by the plaintiff even after winning a judgment. Many parties to a transaction will wisely include a provision in their contract stating that if a judgment is recovered with respect to the agreement then the prevailing […]

Creditor Attorney Fees in Bankruptcy

Posted on: December 16th, 2021 by

In bankruptcy, parties fight over a limited pool of assets while fees diminish what remains in the estate. While most creditors are responsible for paying their own attorneys’ fees, oversecured creditors are entitled to attorney fees from the debtor pursuant to 11 U.S.C. § 506(b) which states: To the extent that an allowed secured claim is […]

Sub V: Sub-par or Superb?

Posted on: December 1st, 2021 by

Subchapter V (“Sub V”) of the Bankruptcy Code was created under the Small Business Reorganization Act (P.L. 116-54) to streamline bankruptcy cases and help more small business debtors successfully reorganize by lowering costs. Sub V was meant to strike a balance between Chapter 7 liquidation and Chapter 11 reorganization. Sub V created some significant benefits […]

A Call for Bankruptcy Venue Reform

Posted on: November 12th, 2021 by

In February of 2021, Belk, a North Carolina department-store chain, filed for Chapter 11 bankruptcy in the United States Bankruptcy Court of the Southern District of Texas. After the large retail company with over 90,000 creditors filed on the evening of February 23rd, their plan was confirmed and consummated by the end of the next […]