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Spotts Fain

Lawful Thoughts®

Focused on Legal Issues Affecting Businesses
of All Shapes and Sizes

Can a Borrower Effectively Waive the Automatic Stay Before Filing Bankruptcy?

Posted on by Neil E. McCullagh, A. Garrett Kelly

Is a borrower’s agreement to waive the automatic stay in a pre-bankruptcy document enforceable; recent developments in the Corporate Transparency Act.

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Important Legal Update: Treasury Department Halts Enforcement of BOI Reporting

Posted on by J. Thomas O'Brien, Jr., Edward B. Lumpkin, Sam Serra Cerchio

On March 2, 2025, the U.S. Department of the Treasury announced that it will suspend enforcement of the CTA for U.S. citizens and domestic reporting companies.

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Important Legal Update: Corporate Transparency Act- Reporting Requirements Back in Effect with Deadline of March 21, 2025

Posted on by J. Thomas O'Brien, Jr., Edward B. Lumpkin, Sam Serra Cerchio

The Corporate Transparency Act (“CTA”) and its beneficial ownership information (“BOI”) reporting requirements are back in effect.

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Important Legal Update: Corporate Transparency Act - Ongoing Litigation Reinstates Injunction

Posted on by Sam Serra Cerchio

A new panel of the U.S. Court of Appeals for the Fifth Circuit issued an order vacating the Fifth Circuit’s previous filing deadline extension.

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Important Legal Update: Corporate Transparency Act - Reporting Deadline Back in Effect with Slight Extension

Posted on by Sam Serra Cerchio

Federal reporting deadlines under the Corporate Transparency Act are back in effect after a federal appeals court reinstated beneficial ownership information.

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Can a Lender Have a Nondischargeable Claim Against a Business-Entity Borrower That Files Subchapter V Bankruptcy?

Posted on by Neil E. McCullagh

Let's review: Can a claim against a borrower that is a business entity be declared nondischargeable in the borrower’s Subchapter V bankruptcy case?

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