| 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) |
|
|