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Bankruptcy Articles

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 Creditor’s Signature For Debtor On A Financing Statement To Perfect Creditor’s 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 Month’s 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 couldn’t challenge own standing to litigate
Reliance on mail didn’t 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 7—Look 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 Court—A 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 7—Watch 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 727—Creditors 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 Ambush—The 10th Circuit Court of Appeals Affirms Andersen (Part II)
(November 1999)
A Trustee's Investigatory Privilege—To 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 Assets—In 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 Liability—Can 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)
"Visa—It'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 Recoupment—Do 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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