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Browse Nathan, Bruce S.

1-67 out of 67 article(s)
Title Type Date Words
The ABCs of legal issues encountered by credit professionals. Feb 1, 2007 5972
Joint check arrangement does not protect against preference exposure. Jan 1, 2007 2925
Bailment or consignment: it makes a difference! Nov 1, 2006 2245
The BAPCPA ordinary course of business defense to preference claims: at last, a court speaks. Column Oct 1, 2006 2349
A trade creditor's post-petition obligations under an unexpired executory contract prior to assumption or rejection: the muddled state of the law. Sep 1, 2006 2336
Being fully secured defeats preference exposure. Jul 1, 2006 2480
Involuntary bankruptcy petition upheld: media providers' claims against advertising agency not subject to bona fide dispute. Jun 1, 2006 2500
Sales of trade claims: the rewards and the risks. May 1, 2006 2860
The new creditors' committee disclosure and solicitation obligations: the Refco blueprint! Apr 1, 2006 2603
Getting the biggest bang for your new value preference defense buck. Column Mar 1, 2006 2502
Purchase money security interest suppliers beware: tracing collateral proceeds is no sure thing. Feb 1, 2006 1832
A trade creditor's setoff rights in bankruptcy: no slam dunk. Column Jan 1, 2006 2390
"Critical vendor" status is no escape from preference risk. Nov 1, 2005 2377
Real estate material and services suppliers, rejoice! Recent favorable court decisions upholding protection from preference risk. Oct 1, 2005 2765
A preference defense quartet: four recent court decisions to mull over. Sep 1, 2005 3329
A standby letter of credit payment within the preference period is not a preference. Jun 1, 2005 2028
Critical vendor orders after Kmart: a new lease on life. Column May 1, 2005 2324
Reclamation rights vs. floating inventory lien: a victory at last! Apr 1, 2005 2392
Be careful when taking regular checks for lien release or cash transactions: a commentary on the JWJ Contracting Co. case. Column Mar 1, 2005 993
The dirty little secret of critical vendor orders: the hidden preference risk that lurks! Feb 1, 2005 1838
Battered and coated French fries as a fresh vegetable eligible for PACA protection: are you kidding? Nov 1, 2004 2359
Standby letters of credit and the strict compliance standard: the case of the overstated sight draft. Oct 1, 2004 1841
Are reclamation claims heading for oblivion where the debtor has a secured inventory lender? Sep 1, 2004 2075
PACA rights destroyed by oral agreement extending payment terms. Jun 1, 2004 2411
Can sanctions be imposed for improperly prosecuted preference action? May 1, 2004 2302
Consignment the right way: file a UCC financing statement. Apr 1, 2004 2099
Seventh Circuit affirms lower court order rejecting preferred treatment for critical vendors. Apr 1, 2004 365
Are reclamation rights preserved where debtor's secured dip lender pays off pre-petition secured inventory lender? Yes and no! Mar 1, 2004 2080
Extra, from the appellate corner--hot off the presses: Delaware appellate court affirms priority of trade creditor's stoppage of delivery rights over buyer's inventory secured lender. Mar 1, 2004 1579
Preferences, reclamation and PACA in one case: a three-ring circus. Feb 1, 2004 2132
PACA trust survives e-mail exchange extending payment terms. Jan 1, 2004 2348
A new limit on reclamation claims: the latest on the goods on hand requirement. Nov 1, 2003 2193
A new limit on the new value preference defense. Oct 1, 2003 1897
Trade creditors beware: providing post-petition goods and services to a Chapter 11 debtor under a pre-petition contract without protection can be toxic to collectibility. Sep 1, 2003 1977
Letter of credit beneficiary beats issuing bank based on conforming documents and untimely and improper dishonor. Jul 1, 2003 2513
Yes, new value can be repaid and applied to all prior preferences: the continuing saga of the new value defense to a preference claim. (Credit Column). Column Jun 1, 2003 2367
The ordinary course of business defense to preferences: the case of the earlier payments. (Credit Column). May 1, 2003 2383
Appellate Court reverses Kmart order approving favorable treatment of critical vendors' pre-petition unsecured claims. (Credit Column). May 1, 2003 2634
A trade creditor's ability to assert an administrative claim from a debtor's post-petition rejection of pre-petition purchase orders: Not so fast! (Credit Column). Apr 1, 2003 1983
Letter of credit issuer not entitled to payment of surplus funds drawn by beneficiary. (Credit Column). Mar 1, 2003 2518
Recent PACA decisions: a mixed bag for PACA creditors. (Business Law). Feb 1, 2003 2393
Seller's right to stop delivery vs. buyer's secured inventory lender: seller wins at last. (Business Law). Jan 1, 2003 2595
The ordinary course of business defense to a preference claim: ordinary business terms count too! (Business Law). Nov 1, 2002 2922
Scooby Doo and Powder Puff Girls vs. Madeline: what intellectual property licenses are assignable in bankruptcy? (Business Law). Oct 1, 2002 2182
Favorable treatment for critical vendors' pre-petition unsecured trade claims: is the pendulum is swinging the other way? (Business Law). Brief Article Sep 1, 2002 2263
A letter of credit as security for pre-judgment remedy--beware of the expiration date. (Business Law). Jul 1, 2002 1864
The reclamation demand: Must it specifically identify goods or will a general demand suffice? (Business Law). Jun 1, 2002 2035
The Kmart trade lien program--is it what it is cracked up to be? (Business Law). Statistical Data Included May 1, 2002 2636
The ordinary course of business defense to a preference claim: The case of the excruciatingly late payment. (Business Law). Apr 1, 2002 2406
Unpaid Sellers Stoppage of Delivery and Reclamation Rights Against an Insolvent Buyer: Enhancing Trade Creditor Recovery. Jan 1, 2001 1859
Cutting the Preference and Reclamation Zones Down to Size. Nov 1, 2000 1718
The Bulk Sale Statute--Still Alive And Kicking. Statistical Data Included Jul 1, 2000 2883
Selling by Consignment: How to Protect Yourself. Jun 1, 2000 2344
A Cash Seller's Reclamation Rights When the Check Bounces. May 1, 2000 1782
Payment of Pre-petition Unsecured Trade Claims During a Chapter 11 Case: Elevating the Priority of Unsecured Trade Claims but Always Read the Fine Print. Apr 1, 2000 2097
Warning: Floating Inventory Liens Are Hazardous To the Health of Reclamation Claims. Nov 1, 1999 2651
Letters of credit: when the issuing bank's mistake results in payment against nonconforming documents. Column Oct 1, 1999 2206
Extending credit to a Chapter 11 debtor let the creditor beware: the risk of a failed Chapter 11. May 1, 1999 2277
Beware of the 91- or 92-day preference period: the Preference Zone expands. Column Jan 1, 1999 1782
Sale of claims and put agreements; a tool to cash in on claims: but be careful and read the fine print. Nov 1, 1998 2374
Section 546(g) return of goods: a leg up for unsecured creditors. Oct 1, 1998 2407
Sit on your reclamation rights at your own peril. Apr 1, 1998 1479
Vendor liens and other credit enhancements: an inducement to extend credit to troubled companies. Feb 1, 1998 1604
Global reclamation programs - faster, cheaper and better. Jun 1, 1997 1673
Liability of Creditors' Committee members. Oct 1, 1996 1708
Reclaiming seller versus inventory lienholder: who's on first? Mar 1, 1996 1226
Calculating the new value defense: how to avoid being shortchanged. Jan 1, 1996 1221

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