Information and guidance regarding bankruptcy, preferences and court actions for anyone involved in business.
Bankruptcy Preference And State Mechanic's Lien Laws You've Been Selected As A Critical Vendor Keeping The Debtor Afloat Court May Refuse Ordinary Course Of Business Defense Returned Inventory As A Preference Claim Immunizing Payments From Preference Risk Serving on a Creditor's Committee Is The State Preference Action Cooked? Safe Harbor and Bankruptcy Preferences Post Filing Deliveries Do Not Always Provide "New Value" Defense Critical Vendor List and Future Sales Payments Made With Credit Terms and Ordinary Course of Business Defense Bankruptcy Reform Act Taking Effect Soon How to Successfully Dispute a Preference Claim in Bankruptcy, A White Paper Your Rights in Bankruptcy Restructuring Agreements and the Ordinary Course of Business Defense The Bankruptcy Reform Act of 2005: What it means to the credit and financial professional Stopping Goods in Transit and Reclamation Demands Under Check 21 Scrutinize Your Preference Settlement Are you Giving Up Your Replacement Claim? The Critical Vendor Doctrine After KMart Presenting Post-Dated Checks after the Bankruptcy Filing Say Goodbye to the State Preference Action? A Day Late and Hundreds of Thousands of Dollars Short Presenting Post-Dated Checks after the Bankruptcy Filing In Defense of a Preference Reclamation Demand Against Customer that later files Bankruptcy Pleading the Preference Claim: Is it getting easier for the bankruptcy Trustee? When is a Sale a Credit Sale or a Contemporaneous Exchange for New Value? Most Commonly Used Defenses Against Demands for the Return of Preferential Transfers Must the Vendor Provide Expert Testimony to Prove up the Ordinary course of Business Preference Defense? Supreme Court speaks to vendors about settling fraud claims against customers who later file bankruptcy An Antecedent Debt is a Condition to a Preference Is payment on the first time shipment within the ordinary course of business? Replacement Checks and the Bankruptcy Preference: Do You Keep The Money? Is your Customer Proposing an Out Of Court Workout Instead of Bankruptcy Protection Bankruptcy Court Takes Harsh Stance Against Trustee for Duplicative Action Against Vendor Critical Vendors and KMart: Is the Critical Vendor Doctrine Alive? Debtor in Possession Financing in the Spotlight Defending a Preference Claim Under the Solvency Defense What the Vendor Must Prove Dealing with the Insolvent Customer Making the Critical Vendor List and the Trade Claims Cap Bankruptcy Reclamation, Questions and Answers "Reliance on others" . . . as a defense to corporate fraud under Sarbanes-Oxley Act The Most Common Problem Associated With Filing a Proof of Claim in a Chapter 11 Bankruptcy Your corporate customer files Chapter 7 and business starts anew with newly formed corporation Electronic notices to creditors comes to bankruptcy courts Calculating the Preference Period Considering the Industry Standard of the Ordinary Course of Business Preference Defense My Favorite Myths about the U.S. Bankruptcy Code Must a Subsidiary File for Bankruptcy If Its' Parent Company Does So? What Happens If I Miss The Bar Date in a Bankruptcy? Bankruptcy Checklist Information Understanding the Ordinary Course of Business for the Bankruptcy Preference Laws Does Your Reclamation Demand Letter Sufficiently Identify Our Goods? Keeping Chapter 11's in Your Home Jurisdiction Bankruptcy Court Clarifies the Ordinary Course of Business Bankruptcy Courts Continue To Recognize Essential Vendor Doctrine Priority of Claims Under the UCC Was Your Debtor's Bankruptcy Planned? Myths and Misconceptions about the U.S. Bankruptcy Code Becoming a Secured Creditor Chapter 11's on the Rise: Red Flags and Steps to Protect Your Credit Sales Reaffirmation of Debt in Bankruptcy Bankruptcy Reclamation An Introduction to Chapter 11 Bankruptcy Non-Dischargeable Debts in Bankruptcy Some Sobering Statistics About Bankruptcy Filings A Bankruptcy Checklist Is your Customer in the "Zone of Insolvency" and unable to pay Vendors - yet pay Bondholders? Standby Letter of Credit Proceeds Belong To Creditor Not Bankruptcy Estate Working with Your Long-Term Customer that is Financially Troubled May help you beat a Preference Action Preference Payments and The Untouchables: Executory Privilege When Your Bankrupt Customer Fails to Cooperate: Debtor Prison Retuns? Dealing with a Major Customer's Second Chapter 11 Filing Playing "Catch Up" with a Prepetition Claim Can be Costly for Vendor Reclamation Demand Against Bankrupt Debtor The Bankruptcy Reform Act of 1999: What it May Mean for Vendors When may it apply to trade creditors and what steps should trade creditors take to comply? Making Your Reclamation Demand Beating the Secured Creditor: The "Avoidance Powers" Can Be a Vendor's Best Friend Dispensing With a Creditors Committee in a Small Business Bankruptcy, What is the "Cause?
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