vol 18, num 4 | December 2020
 
 
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Gyms Struggle to Remain Financially Fit During the COVID‑19 Pandemic
Joseph M. Esmont
 
Joseph M. Esmont
Baker & Hostetler LLP
Cleveland
 
Scott E. Prince
 
Scott E. Prince
Baker & Hostetler LLP
Cleveland
 
 
The traditional fitness industry is among the industries hit hardest by the COVID-19 pandemic. Gym and health club bankruptcies have skyrocketed since lockdowns began in March: Fitness powerhouses like Gold’s Gym, 24 Hour Fitness and Town Sports filed for bankruptcy protection this summer, in addition to many smaller entities that have filed for bankruptcy or closed.

Gyms have struggled to overcome numerous hurdles. State governments closed many locations for extended periods of time, leading many gyms to suspend monthly payments, or suffer elevated levels of cancellations and chargebacks. Once open, gyms needed to change their operations in ways that made them less profitable, such as by limiting participation in classes, reducing the number of customers permitted in the facility, and closing amenities like saunas, steam rooms and locker rooms. Gyms have also purchased additional supplies and safety equipment ranging from disinfectant sprays to touchless water fountains and electrostatic sprayers.

This lost revenue and reduced profitability has led to difficulty paying rent, payroll and other debts. Gold’s Gym owed $7 million in back rent at the time it filed bankruptcy and it sought to reject 32 leases. Gold’s Gym and 24 Hour Fitness reported that they closed all of their locations for months and furloughed 4,597 and 17,800 employees, respectively.

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What Is the Future of Bankruptcy Proceedings in Turkey After the Covid‑19 Lockdown?
Orçun Çetinkaya
 
Orçun Çetinkaya
Cetinkaya
Istanbul, Turkey
 
Pelin Karan
 
Pelin Karan
Cetinkaya
Istanbul, Turkey
 
 
The legal and economic side effects of the COVID-19 outbreak will continue for some time across Turkey. A major area of interest for the future health of the Turkish economy is bankruptcy law. In this context, we aim to explain bankruptcy proceedings in Turkey in general and predict what will be expected in the future in the eye of Turkish insolvency law. This article will discuss Pre-COVID-19 Turkey from the perspective of bankruptcy proceedings; the suspension of bankruptcy, bankruptcy postponement and concordat proceedings and cases in Turkey due to COVID-19; and expected changes in commercial life after COVID-19 and their reflection on enforcement and bankruptcy processes in Turkey, respectively.

Pre-COVID-19 Turkish Bankruptcy Proceedings: Creditor’s or Debtor’s Request for Bankruptcy
In Turkey, bankruptcy proceedings are divided into two forms: (1) indirect bankruptcy (bankruptcy proceedings over commencing execution proceedings); and (2) direct bankruptcy, according to the Turkish Enforcement and Bankruptcy Law (EBL).

 
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How Debtor’s Attorneys Can Use DIP Financing to Cut Through the Competition and Win New Business
Eva Shang
 
Eva Shang
Legalist
San Francisco
 
 
Economic downturns are invariably associated with an increase in bankruptcy filings, and the most recent COVID-induced recession is no exception. Even with federal interventions like the Paycheck Protection Program, business bankruptcy filings are still predicted in large numbers. In fact, since the pandemic hit the U.S. in March 2020, the number of bankruptcy filings each month has been greater than every corresponding month in 2019.

Anticipating an explosive increase in bankruptcy filings, law firms have rushed to address the need. The American Lawyer reported in October that lateral hiring for bankruptcy attorneys surged over 30% compared to the three-year average, against the general industry trend of decreasing lateral movement.

 
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What Bankruptcy Attorneys Need to Know About Car Loans in Consumer Cases
Rachel M. Sexton
 
Rachel M. Sexton
Better Days Law Group
Bloomfield Hills, Mich.
 
 
A consumer client comes in for a bankruptcy consultation. You can’t just look at their financial situation, you must also examine their life: who do they live with, where do they work, where does their spouse work? Perhaps one of the more difficult questions consumers face is whether they want to keep their car. Consumers need to know what their options are if they surrender their cars. Will they be able to get another one? If they can’t get approved for another car, they will have no choice but to keep their current car.

Clients need their cars to be able to get to work, so this is a sensitive topic. Many bankruptcy attorneys don’t know what factors go into a client getting approved or denied a car loan. Can they get a car while they have an open bankruptcy on their credit report? Should they wait to finance a new vehicle until they receive a discharge? When is the best time to buy to get the best deal? This article will answer those questions.

 
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