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bankruptcy

Mr. Gardner has written articles on bankruptcy law, and has served as a panelist on programs featuring bankruptcy law topics, including “Chapter 11 Basics,” Bankruptcy for Small Businesses,” “Hard Money Lending Issues in Bankruptcy,” and a two-part series on the Small Business Reorganization Act (SBRA).

The SBRA went into effect on February 19, 2020.  The SBRA has many new provisions that may significantly help small businesses and the individuals that run them.  In general, and with some exceptions, a “small business” is considered to be a person or entity engaged in commercial or business activities that has aggregate debts of no more than $7,500,000 (this debt limit applies for cases filed before March 28, 2022; the debt limit will be reduced to approximately $2,725,625 on March 28, 2022 unless Congress votes to extend the increased amount).  No less than 50 percent of the debt must have “arisen from” the debtor’s commercial or business activities.

We have extensive experience representing debtors in Bankruptcy Courts. We also represent creditors, trustees, outside parties such as asset purchasers, alleged transferees of “preferential” or fraudulent transfers, and co-owners of property who might be affected by somebody else’s bankruptcy.  Mr. Gardner’s extensive civil litigation experience in both the state and federal courts results in a strong advocate in bankruptcy litigation matters.

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