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Widerman Malek Law Blog

Small Business Reorganization Act: What It Means for Businesses in Current Economy

Timing is everything as the saying goes. It is unlikely Congress had the foresight of COVID-19 to enact legislation on August 23, 2019, with an effective date of February 19, 2020, that would make it easier for a “small business” to reorganize under Chapter 11 of the Bankruptcy Code.1 The goal of the Small Business […]

Bankruptcy Pre-Filing Debt Discharge Decision by Bankruptcy Court: Was It Bad Faith or Good?

At what point in time does acting in bad faith cause a pre-filing bankruptcy debt to be precluded from discharge? That issue was recently addressed by the U.S. Bankruptcy Court for the Southern District of Florida. In Frost Bank v. Rivera (In re Rivera), 2020 WL 4018986 (Bankr. S.D. Fla. July 16, 2020), Judge Grossman […]

Join Us for the Upcoming Webinar “Navigating Bankruptcy for Businesses”

Please join us on Thursday, September 24, 2020, for the webinar “Navigating Bankruptcy for Businesses: What Are Your Options?” co-presented by Widerman Malek and Withum. This is the second webinar in the series. There is no cost to attend this event. Event Details Navigating Bankruptcy for Businesses: What Are Your Options? Thursday, September 24, 2020 […]

Real Estate Investors & Bankruptcy: SARE and Economic Crisis Impacts

Economy and Real Estate Market The Federal Pandemic Unemployment Compensation program expired at the end of July, which likely will cause economic impacts on housing and the real estate market. Recent statistics may be an indicator of the direct effect that federal unemployment compensation has had on the economy. The National Multifamily Housing Council reported […]

Join Us for the Webinar “Pathways to Keeping Your Business Alive”

Please join us on July 30, 2020, for the webinar “Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive,” co-presented by Widerman Malek and Withum. There is no cost to attend this event. Event Details Surviving the Pandemic Pain: Pathways to Keeping Your Business Alive July 30, 2020 | 1:00 PM EDT Join us […]

Circuit Court Decision on 401(k) Contributions in Chapter 13 Bankruptcy Solidifies Florida District Court Ruling

On June 1, 2020, in a 2-1 decision, the United States Court of Appeals for the Sixth Circuit (6th Circuit) ruled that the voluntary contributions to an employer’s qualified retirement plan (e.g., a 401(k)) by a person in Chapter 13 bankruptcy are excluded from “disposable income” for purposes of determining how much of her post-filing […]

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