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1-68 out of 68 article(s)
Title Type Date Words
Triangular Setoff Rights Again Don't Pass Muster in Bankruptcy. Feb 1, 2019 2275
Critical Vendor Defense to a Preference Claim? Not so Fast! Jan 1, 2019 2376
Consignment the Wrong Way: Recovery Still Possible. Jun 1, 2018 2425
The Continuing Conflict Between Secured Lender and Reclamation Rights. May 1, 2018 3269
The Ninth Circuit's Yellowstone decision increases protection for creditors' committee members. Mar 1, 2017 2037
U.S. Supreme Court's split decision on enforceability of spousal guarantee limits. Jun 1, 2016 2043
Materialman's lien rights: post-petition perfection approved. Jul 1, 2014 2474
Construction trust fund payments as a defense to preference claims: a matter of tracing. Feb 1, 2014 2274
Critical vendor treatment? No sure thing! Jun 1, 2013 3709
Electricity is a good subject to Section 503(b)(9) priority status: a shocking development? Apr 1, 2013 1661
Drop shipment claims denied Section 503(b)(9) priority Status. Feb 1, 2013 2586
Standby letter of credit payments can be hazardous to your new value preference defense. Jan 1, 2013 2211
A preference ordinary course of business defense trifecta. Jul 1, 2012 3119
Altering unsecured creditors' committee membership: no easy chore! Jun 1, 2012 2277
Preference relief for real estate material and service providers. May 1, 2012 1820
Another preference victory for the trade: new value paid post-petition does count! Feb 1, 2012 2150
Paid new value reduces preference liability yet again! Jan 1, 2012 2649
Is there a small preference venue limit? Yes and no! Nov 1, 2011 2921
Standby letters of credit and the independence principle. Sep 1, 2011 2159
Another ordinary course of business preference defense double feature. Jul 1, 2011 2731
Joint check agreements: who's on first? Jun 1, 2011 2168
Paid for new value as a preference defense, more good news for the trade. May 1, 2011 2417
Yet another favorable court decision upholding the ordinary course of business preference defense. Apr 1, 2011 2854
Counting section 503(b)(9) priority claims as part of a creditor's new value defense to a preference claim: can you have your cake and eat it too? Mar 1, 2011 3099
Electricity as goods entitled to Section 503(b)(9) priority status: a boom for utilities. Feb 1, 2011 2438
Critical vendor update. Jan 1, 2011 2655
The contract assumption defense to preference claims: alive and thriving. Nov 1, 2010 2245
A preference ordinary course of business defense double feature. Sep 1, 2010 2209
Do fully funded Section 503(b)(9) priority claims count as additional new value to reduce preference liability? A contrary view! Jul 1, 2010 1888
Section 503(b)(9) priority claim developments: the beat goes on! Jun 1, 2010 3025
Vendors beware: the risk of a debtor's unauthorized post-petition payments for post-petition goods or services. May 1, 2010 2749
Creditors' committee disclosure obligations updated: the use of internet websites. Apr 1, 2010 2457
The interplay between Section 503(b)(9) priority claims and preference claims. Mar 1, 2010 3307
Section 503(b)(9) goods supplier priority--beware of the debtor's setoff rights. Feb 1, 2010 2203
Hooray for Delaware--a tale of two decisions: paid for new value counts as a preference defense and Section 503(b)(9) 20-day goods priority claim issues. Jan 1, 2010 2989
Recent case law developments concerning section 503(b)(9) 20-day goods priority claims. Nov 1, 2009 3455
Compelling bankruptcy trade credit: the great unknown. Column Sep 1, 2009 2891
The limits of consignment rights when consigned goods are manufactured into finished product. Case overview Jul 1, 2009 2177
Credit card payments as preferences: the Sixth Circuit joins the bandwagon. Jun 1, 2009 1623
Preference dynamic duo II: whatever happened to the small preference venue limitation? And yes, there is an ordinary course of business defense! May 1, 2009 3358
Triangular setoff: a viable remedy or a thing of the past? Column Apr 1, 2009 3294
Is a debtor's credit card payment a preference? The U.S. Tenth Circuit Court of Appeals speaks. Case overview Mar 1, 2009 2286
Effective seller remedies when confronting a financially distressed buyer prior to bankruptcy. Column Feb 1, 2009 2502
Recent Court decisions on consignments and other security arrangements: the benefits of aggressive creditor action and the pitfalls of failing to document properly! Column Jan 1, 2009 3113
Builders trust fund payments: a defense to preference exposure. Nov 1, 2008 2106
Release of state mechanic's and other lien law rights as a defense to preference claims? Yes and no! Oct 1, 2008 2082
Mechanic's liens and the bankruptcy code: meandering through the minefieids of the recent cook case. Jun 1, 2008 2391
Is a debtor's credit card payment a preference? Case overview May 1, 2008 2675
PACA trust destroyed by written agreement extending payment terms. Apr 1, 2008 2564
State law artisans' lien rights defeat preference exposure: the saga continues. Mar 1, 2008 2195
The critical vendor roller coaster. Feb 1, 2008 2587
Section 503(b)(9) goods supplier priority--more recent developments. Jan 1, 2008 2443
Beware of claims bar dates for Section 503(b)(9) administrative priority claims in favor of goods suppliers. Nov 1, 2007 2548
The risks of a single creditor involuntary bankruptcy petition; tread extra carefully! Column Oct 1, 2007 2422
A preference dynamic duo: state law lien rights defeat preference claim while payment by credit card does not! Sep 1, 2007 2252
Credit transactions may be eligible for the Section 547(c)(1) contemporaneous exchange for new value defense to preference exposure: the Third Circuit Court of Appeals speaks. Jul 1, 2007 2653
Protection for trade creditors from Chapter 11 debtor's refusal to accept goods under post-petition contract: An administrative priority claim. (Business Law). Mar 1, 2002 1979
Favorable treatment of critical vendor's pre-petition unsecured trade claims: Another court says yes! (Business Law). Feb 1, 2002 2243
Letters of credit: another case when the LC issuing bank must pay despite discrepancies. (Business Law). Jan 1, 2002 2548
A Debtor's Return of Goods to Its Pre-Petition Supplier: At Last a Court Speaks. (Business Law). Nov 1, 2001 2347
Reclamation Claims: The Bankruptcy Time Periods for Reclamation Demands Take Precedence Over Longer State Law Period. Oct 1, 2001 2272
DIP Trade Credit Claims vs. the Preference Monster: DIP Trade Credit Claim Wins. Sep 1, 2001 1878
Letters of Credit: When the Issuing Bank Must Pay Despite Nonconforming Documents. Jul 1, 2001 2058
Certificateless and Non-Negotiable Certificates of Deposit as Pledged Collateral: Don't Bet on It! Jun 1, 2001 1915
The Growing Threat of Floating Inventory Liens to Reclamation Claims. May 1, 2001 1949
Get Your Burger, Fries and Fresh Fruit, Hold the Broccoli. Applying the PACA Trust to Restaurants and Other Food Establishments. Mar 1, 2001 1855
The Right to Reimbursement of a Committee Member's Professional Fees: Yes and No. Feb 1, 2001 1762
Out of court settlements. Mar 1, 1998 2163

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