Fifth Circuit Holds that the SBA Cannot Be Enjoined from Denying Bankrupt Entities Access to PPP Funds

In a earlier article, entitled “New Mexico Court Holds that Bankrupt Entities are Eligible for the Paycheck Protection Program,” we described how some bankruptcy courtsĀ  confronted with exigent circumstances (including several within the 1st, 5th and 10th Circuits) have granted injunctive relief to debtors in bankruptcy who have been deniedĀ  loans under Payment Protection Program […]

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District Court Holds Section 105 can be Used to Avoid Default Provisions Under Confirmed Chapter 11 Plan

In In re Texas Comptroller of Public Accounts v. Patrick Taylor Adams, et al., Civ. A. No. 3:18-CV-727-L (N.D. Tex. May 31, 2020) [Dkt. No. 8], the District Court for the Northern District of Texas recently affirmed a bankruptcy court’s order reinstating the automatic stay against a creditor post-confirmation and preventing such creditor from exercising […]

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