Does the Mayor’s Safer at Home Order Trigger Business Interruption Coverage? It’s a Billion Dollar Question.

On Sunday morning, Nashville Mayor John Cooper took bold action in response to the coronavirus spread: He entered the Safer at Home Order, which ordered Nashvillians to, generally, stay at home and ordered the closure of non-essential businesses. Because the Order requires businesses that are “non-essential” to close, did the Mayor do those businesses a … Continue reading “Does the Mayor’s Safer at Home Order Trigger Business Interruption Coverage? It’s a Billion Dollar Question.”

Is a foreclosure during a global pandemic an "irregular" and invalid sale? (Maybe)

During the coronavirus shut-down, there has been a lot of talk about there being no evictions in Davidson County, based on the Sheriff’s announcement that the Sheriff will not be serving non-essential service of process for the foreseeable future. But, keep in mind, that announcement doesn’t stop landlord from using a private process server to … Continue reading “Is a foreclosure during a global pandemic an "irregular" and invalid sale? (Maybe)”

Insight from a Bank Attorney: How to ask a banker for help.

By 10am yesterday morning, one of my bank clients had already received five calls from worried borrowers. These weren’t high risk consumer loans; these were commercial borrowers whose business has been impacted by the pandemic. A fitness studio who can’t have in person classes. Two AirBnB owners who have empty houses. Two restaurants. And that … Continue reading “Insight from a Bank Attorney: How to ask a banker for help.”

What's Good for Bankruptcy Lawyers Probably Isn't Good for America.

During my third year of law school, I signed up for “Intro to Bankruptcy” at the University of Tennessee College of Law. It wasn’t a popular course, and that’s why I chose it. After a summer clerkship where my supervising attorneys couldn’t spell the word “bankruptcy,” I thought it would be a good niche area … Continue reading “What's Good for Bankruptcy Lawyers Probably Isn't Good for America.”

Nashville Bankruptcy Lawyers Prepare for the Inevitable Spike in Filings

During this coronavirus pandemic, lots of us aren’t working. (Don’t worry, clients, I am 100% working.) Many of us are staying at home with the kids. We’re definitely not shopping at the mall or meeting up for drinks (well, some of us aren’t). The hotels are empty. Reservations for dinner are being cancelled. AirBNBs are … Continue reading “Nashville Bankruptcy Lawyers Prepare for the Inevitable Spike in Filings”

341: Coronavirus Impacts Tennessee Courts, and Creditors too

No Suits, No Ties, No Court…For the Rest of This Month! Tennessee Courts acted quickly in response to COVID-19. On Friday, the Tennessee Supreme Court issued an Order that all courts will remain “open” (sort of) during the coronavirus outbreak. I say “sort of” because all in-person judicial proceedings will be suspended through March 31, 2020. I’m … Continue reading “341: Coronavirus Impacts Tennessee Courts, and Creditors too”

The Coronavirus sheds new light on an overlooked paragraph: The Force Majeure Provision

On January 30, 2020, the World Health Organization declared a global health emergency in response to the rapid spread of novel coronavirus (2019-nCoV). Since then, it seemed to slowly make its way to the United States–but, then, once it arrived, it hit us rapidly and in ways that have unexpectedly changed how we conduct our … Continue reading “The Coronavirus sheds new light on an overlooked paragraph: The Force Majeure Provision”

With the 2020 Legislature in full swing, here are three bills to watch.

The Tennessee Legislature is considering three new laws for 2020 that impact debtor-creditor lawyers and that you should know about. Here’s a quick recap: Increased homestead exemptions. This is at Senate Bill 2235 and House Bill 2682. This bill increases the individual Tennessee homestead exemption to $35,000, increases the joint exemption to $52,500, and eliminates … Continue reading “With the 2020 Legislature in full swing, here are three bills to watch.”

Four New Bankruptcy Filings add More Mystery…and Misery…in the Riverwood Cabins Case

A few weeks ago, I posted about the Riverwood Cabins, LLC Bankruptcy, which was notable to me because of the scope and magnitude of the amount of money that the Riverwood cabin buyers lost. It’s a case where about 65 customers (and that number continues to grow) are asking what happened to their $4.5 million … Continue reading “Four New Bankruptcy Filings add More Mystery…and Misery…in the Riverwood Cabins Case”

Set Your Clocks for 12:01am: Happy New Bankruptcy Act!

How are you celebrating Small Business Reorganization Act of 2019 Eve? In case you’re wondering what I’m talking about, at 12:01am, the Small Business Reorganization Act of 2019 takes effect tonight. So, if you wake up tomorrow morning and there have been a hundred or more small business and individual Chapter 11 bankruptcy cases filed … Continue reading “Set Your Clocks for 12:01am: Happy New Bankruptcy Act!”