Importers May Still Be Able to File Claims for Refunds of Section 301 China Tariffs
U.S. companies that have imported goods manufactured in China and subject to List 3 or List 4a Section 301 tariffs may still be able to preserve their rights to seek refunds of those tariffs by joining litigation currently pending in the Court of...
Eleventh Circuit Upholds Discharge Injunction to Prohibit Post-Discharge Suit for Collection of a Nondischargeable Debt
On March 25, 2021, the Eleventh Circuit Court of Appeals ruled that a chapter 7 discharge prohibits the holders of a nondischargeable debt from suing the debtor post-discharge to collect a judgment. The Court in Suvicmon Dev., Inc. v. Morrison, 2021...
Third Circuit Confirms Triangular Setoffs Do Not Meet Mutuality Requirement of Section 553
In a precedential opinion on March 19, 2021 the Third Circuit Court of Appeals held that the use of a distribution agreement did not create an exception to the mutuality required by Section 553 of the U.S. Bankruptcy Code. The Third Circuit, in...
SBA Issues Guidance on PPP Loans and Change of Ownership Transactions
On October 2, 2020, the U.S. Small Business Association issued a Procedural Notice providing “information concerning the required procedures for changes of ownership of an entity that has received Paycheck Protection Program (PPP)...
Management Cannot Preclude Directors’ Access to Privileged Communications
A Delaware court recently held that a corporation’s management could not preclude the corporation’s directors from accessing privileged communications between management and company counsel. In In re WeWork Litigation, 2020 Del....
Supreme Court: Mere Retention Of Property Does Not Violate Bankruptcy Automatic Stay
Resolving a split amongst the Circuit Court of Appeals, the United States Supreme Court recently held that retaining possession of a debtor’s property after a bankruptcy filing does not violate the automatic stay of 11 U.S.C. 362. The...
Federal Court Finds that OEM Purchase Order Does Not Necessarily Govern Parties’ Contract
The U.S. Eastern District of Michigan recently held that an automotive OEM’s purchase order did not, as a matter of law, govern the parties’ supply contract. In Synergen Inc. v. FCA US LLC, case no. 16-cv-11842 (E.D. Mich....
Court of Appeals Applies Michigan Law to Forum-Selection Clause, Regardless of Parties’ Choice of Law
In a case of first impression, the Michigan Court of Appeals recently held that Michigan law applies to the interpretation of a contract’s forum-selection clause, regardless of whether the contract contains a choice of law clause for a...
What Happens After a Business Files For Chapter 11 Bankruptcy?
Bankruptcy is a powerful tool that businesses use to restructure their finances and remain in business. If you are struggling financially as a business owner, consider the option to file for Chapter 11 bankruptcy.
In a Chapter 11 bankruptcy, a...
