Sued
For A Preference - Does My Company Have To Pay? |
E-Commerce
and the Secured Creditor - The Wonders (and Damages) of Modern
Technology |
Perfection
of Federal Tax Lien By Operation Law Stayed by Bankruptcy |
Retail
Bankruptcy- Is it a license for an anchor to "go dark?" |
Tort
Claims Against a Discharged Debtor with Insurance |
Health
Alert to Physicians- The PPM Industry In Financial Crisis |
Bankruptcy
Court Decision May Be the Bandage Needed By the Healthcare Lending
Industry |
Chapter
11 Reorganization May Mean Chapter 7 Liquidation For Government
Contractors |
Subordinated
Debt In Commercial Mortgage Securitizations- The Use And Enforceabilty
Of Intercreditor Subordination Agreements |
Structural
and Legal Issues In Commercial Mortgage Securitization Transactions |
In
re Kingston Square Associates (1997 WL 594707 (Bankr. S.D.N.Y.))-
Questioning Independent Director Provisions |
Equipment
Leasing Issues in Bankruptcy |
FCC
Licenses And Insolvency |
Bond
Defaults: Critical Issues and Strategies |
Federal
Tax Liens- Making Bankruptcy Attractive to Creditors |
Tenant
Bankruptcies- What Commercial Landlords Need To Know |
Slicing
and Dicing Executory Contracts |
Leasing
to a Financially Weak Tenant |
A/B
Structure in CMBS Transactions |
A
Pathfinder on Asset-Backed Commercial Paper |
Secured
Creditor Surcharged For Agreeing To Debtor's Continued Operation |
Ninth
Circuit Court of Appeal Decides Appropriate Standard for Bad Faith
Filing of Chapter 13 Bankruptcy Petition |
Lessors
Entitled to a Chapter 11 Administrative Priority Claim for Rent
Under a Post-Bankruptcy Lease After a Chapter 7 Conversion |
Inequality
Among Administrative Claimants |
In
Rem Relief Comes to Massachusetts |
Gambling
Claims- Objecting to Discharge Under Sec. 523 (a)(2)(A) |
Cross-Stream
Guaranty Found To Be Fraudulent Conveyance |
Creditor's
Failure to Prosecute Non Discharge-ability Action May Lead to
Sanctions Under 11 U.S.C. § 523(d)(2) for Attorney's Fees |
Contract
May Permit Creditors Signature For Debtor On A Financing
Statement To Perfect Creditors Security Interest |
Court
Has Power to Restructure Student Loan Obligation |
Bankruptcy
Court Adjusts Property Value Based on Environmental Stigma |
Bankruptcy
Code Sections 106(a) and (b) Unconstitutional Under Eleventh Amendment |
Voidable
Transfers Recoverable from All Who Benefited |
Environmental
Claims - Dischargeability |
Appointment/Modification
of Creditor Committees |
Bankrupt
Debtor Must Pay Entire Months Rent Even If Lease Is Rejected
A Few Days Into The Month |
Bad
Faith Concealment of Personal Injury Cause of Action from Bankruptcy
Court Bars Subsequent Prosecution in State Court |
Adding
Insult to Injury- Preference Suits in Bankruptcy Cases |
Keep
The Payment Received- Nine Things You Can do to Prevent A Preference
Action |
"Bankruptcy-Proofing"
Your Commercial Transaction- Reality Or Myth? |
Issues
in Securitized Mortgage Lending |
The
Pitfalls of Bankruptcy Remote Clauses |
Conversion
Didn't Trigger New Exemption Objection Period |
Affirmative
Defenses Not Extinguished by Free And Clear Asset Sale |
Stay
Doesn't Prohibit Passive Property Retention |
Debtors
Not Required to Supplement Schedules |
Debt
Arising From Extramarital Affairs Nondischargeable |
Creditor
Sanctioned for Furnishing Inaccurate Information |
Chapter
13 Treatment of Student Loan Debt |
Fifth
Amendment Assertion Didn't Stay Proceedings |
New
Value Provision Terminated Exclusivity Period |
Credit
Card Dischargeable Despite Misrepresentation |
No
$2.1M Enhancement for Big Rivers Examiner |
Non-lawyer
couldnt challenge own standing to litigate |
Reliance
on mail didnt permit bar date tolling |
Trustee
Inspection Subject to Fourth Amendment Constraints |
Stay
Applied to FCC License Cancellation |
Summary
Of New Bankruptcy Bill Provisions |
Nondischargeability
Of Credit Card Debt- The Debate Continues |
Unborn
Child's Claims Survived Bankruptcy |
Wholly
Unsecured Second Lien On Debtor's Principal Residence Not Protected
under Chapter 13 |
Second
Circuit Addresses Post-Confirmation Environmental Liability |
Asset
Securitization: How Remote Is Bankruptcy Remote- |
Seeking
Predictability In Bankruptcy- An Alternative To Judicial Recharacterization
In Structured Financing |
Substance
DOES Count- The Efficacy of Independent Directors In Bankruptcy
Remote Structures |
The
Last Line of Defense- The New Test for Protecting Retirement Plans
from Creditors in Bankruptcy Cases |
Can
A Christian File Bankruptcy? |
When
A Customer Files Bankruptcy - Write Off Is Not Your Only Option |
The
Right to Convert- To Be or Not To Be "Absolute"
(October 2000) |
Influence
of Total Consumer Debt on Bankruptcy Filing Trends by Year 1980-1999 |
Personal
Bankruptcy - A Literature Review (Congressional Budget Office)
(requires Adobe Acrobat Reader to view) |
The
Relationship Between Nonbusiness Bankruptcy Filings
and Various Basic Measures of Consumer Debt |
Stripping
Off" Nobelman- What Has Happened to the Emperor's New Clothes?
(September 2000) |
The
Involuntary Bankruptcy Petition- The World's Worst Debt Collection
Device- |
Post-Confirmation
Injunctive Relief Through Class Action Procedures |
Medicare's
Recoupment Rights Get More Confusing |
Maxwell
communications; and cross-border insolvency issues |
Municipal
Bankruptcy- The standard for rejection of colective bargaining
agreements |
Alter
Ego Claims of the Debtor Vest Exclusively In the Estate |
Who's
on First- (First To File Can Finish Last) |
"Bankruptcy
Code Section 547(b)(5) and Undersecured Asset-based Lenders"
(August 1999) |
1999
Developments Regarding Enforceability of Cross-defaulted Leases
(August 2000) |
Tort
Settlement Funds- Are They "Proceeds" Under the Current Article
9 of the Uniform Commercial Code-
(August 2000) |
Using
The Bankruptcy Code To Buy Or Sell A Troubled Company |
The
Trade Creditor Quarterly, Spring 2000
(need free Adobe Acrobat Reader plug-in to view) |
The
Trade Creditor Quarterly, Winter 2000
(need free Adobe Acrobat Reader plug-in to view) |
The
Trade Creditor Quarterly, Fall 2000
(need free Adobe Acrobat Reader plug-in to view) |
The
Trade Creditor Quarterly, Summer 1999
(need free Adobe Acrobat Reader plug-in to view) |
Business
Bankruptcy: Simplified Operating Guidelines
A "How To" Manual for Non-Bankruptcy Professionals
|
Recent
Cases Regarding Allowance of Interest, Default Interest and Late
Fees
(July 2000) |
A
Fragile Middle Class- Lessons From the'90s
(July 2000) |
The
Stymieing Preference Dance of the Circuit Courts- Are They Emasculating
the Trustee's Avoidance Powers
(August 2000) |
In
Defense of Recoupment- Why "Setoff" of Prepetition Utility Deposits
Against Prepetition Debt is Not Subject to the Automatic Stay |
How
Fresh a Start-- What are "Household Goods" for Purposes Section
522(f)(1)(B)(i) Lien Avoidance- |
Partial
Dischargeability of Property in Divorce Settlement-A Call for
an Equitable Remedy Under Section 523(a)(15) of the Bankruptcy
Code |
The
Trustee as a Bona Fide Purchaser of Real Property in Bankruptcy-
Making Sense of Section 544(a)(3) |
In
the Aftermath of Seminole- Waiver of Soveriegn Immunity under
Section 106(b) of the Bankrupcy Code |
Community
Associations and Bankruptcy- Why Postpetition Assessments Should
Not Be Dischargeable |
Encouraging
Creditor Participation- Integrating the Allowance of Administrative
Expenses with the Common Fund Theory |
National
Bankruptcy Review Commission Recommendations- Notice, Jursidiction,
and Corporate Debtors |
Undoing
Privatization-- Russian Bankruptcy Law and Privatization |
Now
You See It, Now You Don't- The Impact of RFRA's Invalidation on
Religious Tithes in Bankruptcy |
Covering
the "Security Blanket"- Regulating Bankruptcy Claims and Claim-Participations
Trading under the Federal Securities Laws |
Show
Me the Money- The Debate Over the Creditors' Postpetition Attorney's
Fees |
Using
Unfiled Dischargeable Tax Liens to Attach to ERISA-Qualified Pension
Plan Interests After Patterson v. Shumate |
Provisions
for Access to Chapter 9 Bankruptcy- Their Flaws and the Inadequacy
of Past Reforms |
National
Bankruptcy Review Commission Tax Recommendations- Individual
Debtors, Priorities, and Discharge |
Painting
a Self-Portrait- A Look at the Composition and Style of the Bankruptcy
Bench |
Seeking
Predictability in Bankruptcy- An Alternative to Judicial Recharacterization
in Structured Financing |
It's
All Fun and Games Until Somebody Declares Bankruptcy- A Debtor's
Right to Season Ticket Holder Status |
How
United States v. Noland Prohibits the Disallowance of Punitive
Damages Claims in Chapter 11 |
In
re Thinking Machines- The Only Thought is in the Name |
Rake's
Progress- Cure and Reinstatement of Secured Claims in Bankruptcy
Reorganization |
Putting
a Limit on Unlimited Creditor's Committee Liability |
Bankruptcy
for Gamblers- The Questions of Fraudulent Intent, Dischargeability,
and Remedial Policy in Credit Card Cash Advance Cases |
The
New European Convention on International Insolvency |
The
Arsenal of Sanctioning Powers at the Bankruptcy Court's Disposal |
The
Economic Case for Judicial Deference to Break-up Fee Agreements
in Bankruptcy |
Crystallizing
the Intellectual Property Licenses in Bankruptcy Act- A Proposed
Solution to Achieve Congress' Intent |
Preserving
the Benefit of the Bargain- The Equitable Result |
Car
Wars- Valuation Standards in Chapter 13 Bankruptcy Cases |
The
Good Faith Fable of 11 U.S.C. § 707(a)- How Bankruptcy Courts
Have Invented a Good Faith Filing Requirement For Chapter 7 Debtors |
The
Dischargeability of Marital Obligations- Three Justifications
for the Repeal of § 523(a)(15) |
Handling
Priority Rules Conflicts in International Bankruptcy- Assessing
the International Bar Association's Concordat |
Abrogating
Sovereign Immunity Pursuant to its Bankruptcy Clause Power- Congress
Went Too Far! |
Directors
and Officers Insurance Proceeds in Bankruptcy- The Impact on an
Estate and Its Claimants |
Recent
Cases Regarding Allowance of Interest, Default Interest and Late
Fees
(July 2000) |
Personal
Jurisdiction Over Foreign Nationals- Breakthroughs in the Apparent
"Fairness" Monopoly
(June 2000) |
Recent
Avoidance Actions Against Real Estate Lenders
(June 2000) |
Conversion
From Chapter 13 to Chapter 7 - Who Benefits From Post-petition
Appreciation-
(June 2000) |
Select
1999 Cases Affecting Commercial Mortgage Lenders
(June 2000) |
Fifth
Circuit Slams the Door on Pre-approved Credit Cards
(June 2000) |
"Back
to the Future-" Service by E-mail
(May 2000) |
Even
a Blind Squirrel Can Find an Acorn- Sureties May Have Limited
Exceptions to Retaining Project Proceeds, But Equity Remains Omnipotent
(May 2000) |
The
Problem with Using Bankruptcy as a Tool in the Campaign Finance
Reform Crusade
(May 2000) |
Its
about Time- Campaign Finance Reform Provides a Stage for the Truth
about Bankruptcy Reform
(May 2000) |
Saving
a Post-petition Asset by Converting from Chapter 13 to Chapter
7Look Before You Leap
(May 2000) |
Reaffirmations
of Unsecured Debt Should Be Prohibited
(May 2000) |
Taxation
of Partners and Partnerships as It Relates to Bankruptcy
(March 2000) |
Non-debtor
Releases for Plan Funders, Investors and Other Contributors to
a Reorganization
(March 2000) |
Commentary-
Don't Underestimate Estimation
(March 2000) |
A
Defendant's Downfall in Texas and the Fifth Circuit- The Discovery
Rule and the Fraudulent Concealment Doctrine
(February 2000) |
Sovereign
Immunity in Bankruptcy CourtA Seminole Matter Involving
a Debtor's Driver's License
(February 2000) |
Defeating
the Trustee's Preference Action- Surety Defenses Under §547(c)(1)
(February 2000) |
Conversions
from Chapter 13 to Chapter 7Watch Out! The Rules on Exemptions
Are Changing
(January 2000) |
Delaware
Bankruptcy Court Refuses to Expand Scope of 203 North Lasalle
(January 2000) |
Treasury
Regulation 1.1017-1 Provides Rules for Exclusion of Income from
Debt Cancellation
(January 2000) |
Fastening
or Dislodging the Hinge Between a Bankruptcy Court and Its Sanction
Authority Under 11 28 U.S.C. §1927
(December 1999) |
Objections
to Discharge Under §727Creditors Should Think Twice Before
Grabbing This Tiger's Tail
(December 1999) |
"PLUS
Loan" Non-dischargeable in Parent's Chapter 7 Case
(December 1999) |
The
Trustee's "God Complex"- Asserting Surety Rights
(November 1999) |
"Balance
Transfers"A Loan by Any Other Name Is Still a Loan
(November 1999) |
"Going-Dark"
Clauses in Shopping Center Leases- Are They Enforceable Under
the Code-
(November 1999) |
Discharging
Student Loans by Stealth and AmbushThe 10th Circuit Court
of Appeals Affirms Andersen (Part II)
(November 1999) |
A
Trustee's Investigatory PrivilegeTo Be or Not To Be-
(September 1999) |
Section
550 Transferees and the "Conduit" Theory- Where Does the Buck
Stop-
(September 1999) |
Discharging
Student Loans by Stealth and Ambush- The 10th Circuit Court of
Appeals Affirms Andersen (Part I)
(August 1999) |
The
Internet- A Wonderful Tool for Doing Business as Usual
(August 1999) |
Third
Circuit Recognizes Possibility of Break-up Fees on Sale of Substantially
All of a Debtor's AssetsIn re O'Brien Environmental Energy
Inc.
(August 1999) |
Section
110(g) Revisited- A Time to Prevent the Abuse
(July 1999) |
Breaking
the "God" Complex of Sureties- The "Right" of Subrogation vs.
"Actual" Subrogation
(July 1999) |
Debtor
May Pay a Price for Playing Chicken with a Chapter 7 Trustee
(July 1999) |
Successor
LiabilityCan It Be Cut Off Through a Sale Under the Bankruptcy
Code-
(July 1999) |
Seventh
Circuit Court of Appeals Holds Burden of Proof Remains with Taxpayers
(July 1999) |
[Gamble]ing
with Exemptions in Chapter 13 Cases
(July 1999) |
"VisaIt's
Everywhere You Want to Be." How About Bankruptcy Court-
(June 1999) |
Exemption
Attacks- Policy Still Gives Deference to Debtors
(June 1999) |
Set-off
or RecoupmentDo You Know the Difference-
(May 1999) |
Recovering
Assets from Offshore Jurisdictions Through the Use of Mareva Junctions
and Anton Piller Relief Orders
(May 1999) |
Claims
Trading Risks Highlighted by Recent Decision- Is Assignment of
Debt Unenforceable Under Champtery Statute-
(April 1999) |
The
Often Overlooked 10-Year Rule to Discharging Federal Tax Liabilities
(March 1999) |
Lien
Avoidance on Firearms Under §522(f)- Lethal Weapon or Household
Good-
(February 1999) |
The
(Partnership) Ties That Bind
(January 1999) |
Figter
and Laserworks Buying Claims- Good Faith Prevails (Case Comment)
(January 1999) |
Letters
of Credit in Bankruptcy- What You Need to Know
(Winter 1998) |
Proceeds
or Procedures in the Sale of Collateral- Need a Banker Be Concerned
With Both-
(Autumn 1998) |
CAUTION-
Bankruptcy Remote Entities May Not Be So Remote
(Spring 1998) |
Valuation
of Collateral- Who Gets the Upside-
(Fall 1998) |
The
Treatment of Tax Claims in a Chapter 11 Plan
(November 1997) |
Are
Contractual Rights In Subordination Agreements Fully Enforceable
in Bankruptcy-
(June 2000) |
Court
Denial of Request For Adequate Protection Does Not Trigger Superpriority
Status
(June 2000) |
Debtor
Liable for Obligations Excluded from Assignment Of Collective
Bargaining Agreement
(June 2000) |
No
Release of Loan Guaranty Under Confirmed Plan's General Release
Provision
(June 2000) |
Uncertainty
About Perfection Of Security Interest in a Copyright Or - Better
Safe Than Sorry
(May 2000) |
Security
Interest in a Patent Is Perfected Under the U.C.C., Not the Patent
Act
(May 2000) |
Preserving
Security Interests And Priority Status For Post-Confirmation Advances
(April 2000) |
When
Is a Lease Unexpired And Assumable Under The Bankruptcy Code-
(April 2000) |
Unsecured
Second Mortgage Not Protected by Antimodification Provision of
Chapter 13
(April 2000) |
The
States and Territories In Each of the Federal Judicial Circuits
(April 2000) |
Bad
Faith Chapter 11 Filings - An Elusive And Undefined Concept
(March 2000) |
Third
Circuit Invalidates Plan's Release of Nondebtors
(March 2000) |
Court
Allows Reimbursement Of Attorneys' Fees to Member Of Creditors'
Committee
(February 2000) |
Tender
Offer Enjoined To Preserve Noteholders' Rights
(February 2000) |
Court
Rejects "Creditworthiness" Adjustment to Calculation of Lease
Rejection Damages
(December 1998) |
Creditors'
Committee Authorized Retroactively To Prosecute Challenge to Lien
(December 1998) |
Environmental
Obligations That Accrued Postpetition Entitled To Administrative
Priority
(December 1998) |
Impact
of Debtor's Discharge On Foreign Creditors
(December 1998) |
Debtor
Liable for Postpetition Interest on Nondischargeable Taxes
(November 1998) |
Factors
Affecting Secured Creditors' Entitlement to Default Rate Interest
in Bankruptcy
(November 1998) |
Chapter
11 Counsel Fee Carve-Outs- Priority Must Be Specified
(October 1998) |
Walking
a Tightrope- Attorneys' Fiduciary Duties
(October 1998) |
Claim
under Make-Whole Provision Allowed under the Bankruptcy Code
(August 1998) |
Federal
Liens Do Not Trump Prior Perfected Liens
(August 1998) |
Supreme
Court Clarifies Parent Corporation Liability Under CERCLA
(August 1998) |
Valuation
of Assets and Liabilities in a Preference Action
(August 1998) |
Court
Approves Restrictions on Trading of Claims and Equity to Preserve
Debtor's NOLs
(May 1998) |
Disqualifying
Conflicts of Interest- Third Circuit Clarifies Guidelines
(May 1998) |
Plan
Confirmation Extinguishes Creditor's Right to Setoff
(May 1998) |
"No-Shop"Clause
in Prepetition Asset Purchase Agreement Held Unenforceable in
Chapter 11
(May 1998) |
Is
Chapter 11 Any Match for Spin Doctors-
(April 1998) |
Misconduct
Still Required for Equitable Subordination
(April 1998) |
Supreme
Court Clarifies Operation of "Enabling Loan"Exception to Preferential
Transfer
(April 1998) |
Payment
May Be Recoverable Even if Made by a Letter of Credit
(March 1998) |
Debtor
Permitted to Renew Leases Pending Decision to Assume or Reject
(March 1998) |
Landlord's
Damage Claims Against Guarantors in Bankruptcy
(Macrh 1998) |
Brief
Update- Fifth Circuit Adopts Contract Interest Rate For Chapter
13 Cramdown
(January 1998) |
Cramdown
Plan Approved Despite Discriminatory Treatment of Mortgagee
(January 1998) |
Postpetition
Interest on Secured Claims Ceases to Accrue When Plan Becomes
Effective
(January 1998) |
Unfunded
Postpetition Pension Liabilities May Not Be Entitled to Administrative
Expense Priority
(January 1998) |
Accrual
of Postpetition Interest On Oversecured Claims
(December 1997) |
Cramdown
Interest Rates
(December 1997) |
Discriminatory
Cramdown Plan
(December 1997) |
Licensing
Rights Transferred
(December 1997) |
Partnership
Eligibility for Chapter 11 Relief
(December 1997) |
Trading
in Claims
(December 1997) |
BANKRUPTCY
REMOTE STRUCTURES IN MORTGAGE LOANS |
Auctioning
a Debtor's Stock in a Closed Corporation- What Corporate Information
Should a Chapter 7 Trustee Be Able to Obtain and Reveal to Prospective
Purchasers- |
Protecting
Your Rights to Intellectual Property in Bankruptcy |
Are
Licensees of Intellectual Property Really Protected in Bankruptcy
Cases
(1999) |
Are
Securities Good Security-
(1997) |
Are
You Eligible for Chapter 13 Bankruptcy? |
Old
Equity Holders May Retain Ownership of Chapter 11 Debtor by Contributing
New Capital If Deal Is Market-Tested
(June 1999) |
Avoid
Loss of Priority On Real Property Secured Loans
(September 1997) |
Bankruptcy
"Relation-Back" Doctrine Trumps State Law
(April 1998) |
|
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