BANKRUPTCY LAW | New Jersey Law Journal



Three Recent Developments in Third Circuit Bankruptcy Law Bankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. This is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit. By Rachel Ehrlich Albanese and Gregory Martin Juell

Must Repossessed Vehicle Be Returned Immediately Upon Debtor’s Filing for Bankruptcy? An all too common occurrence today is a debtor filing a Chapter 13 bankruptcy petition to regain possession of a vehicle that was repossessed pre-petition. Does the creditor have to return the vehicle at the debtor’s request? Will failure to return the vehicle expose the creditor to damages for violation of the automatic stay? By John M. August

Chapter 11’s New Subchapter V: What You Need to Know About the SBRA The Small Business Reorganization Act, which becomes effective on Feb. 19, 2020, seeks to address problems encountered by small business debtors in reorganizing under the provisions of the United States Bankruptcy Code. By Melissa A. Peña and Bruce J. Wisotsky

The Patient Care Ombudsman: A Different Type of Estate Professional Given that hospital bankruptcies are on the rise, the role of the patient care ombudsman is becoming more necessary and commonplace. The key challenge the courts face is striking a balance between ensuring ongoing proper patient care while maximizing the bankruptcy estate. By Warren J. Martin Jr. and Rachel H. Ginzburg