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- Unsecured Creditors' Committee
- The US Congress gave a seat at the Chapter 11 bankruptcy table to unsecured creditors with the establishment of the Unsecured Creditors' Committee.
- Bankruptcy Proof of Claim: What You Need to Know
- The what, where, when and how of filing an accurate Bankruptcy Proof of Claim is outlined here -- together with a nine-point checklist to guide you through the process.
- Selling Bankruptcy Claims: Opportunities and Risks
- "The creation of a market in bankruptcy claims is the single most important development in the bankruptcy world since the Bankruptcy Code’s enactment in 1978," according to Georgetown University Associate Professor of Law, Adam J. Levitin. So, who's selling and who's buying, and what's it all about.
- Involuntary Bankruptcy: the Pros and Cons
- As appealing as it may initially appear, filing a petition for bankruptcy against a delinquent debtor may create more problems than it solves. Be sure you understand the legal requirements and responsibilities involved before going with this option.
- 2011 Reduction in U.S. Business Bankruptcies
- Business bankruptcy filings were down in 2011. Here's a look at the statistics. Is this an indicator that, however precariously, things are beginning to turn the corner for US business?
- Will HR 1942 Send BAPCPA Packing?
- The trade credit provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 have come under fire as working against the ability of some debtors to successfully reorganize under Chapter 11 of the U.S. Bankruptcy Code. HR 1942 may be just the vehicle opponents of BAPCPA have been looking for to remedy the situation.
- Russian Bankruptcy Reform Continues
- Paul de Drée of Salans, an international legal firm, reports on Russia’s recent amendments to its bankruptcy law, which include new rules on vicarious liability, bankruptcy filing requirements, interested parties and preferences.
- U.S. Bankruptcy Rule 6003
- The addition of Rule 6003 to the Federal Rules of Bankruptcy Procedure was intended to level the playing field between creditors and debtors. What is it? And, does it do the job?
- US Bankruptcy Code Sec 503(b)(9)
- Touted as a means of providing protection for certain creditors, this amendment to the US Bankruptcy Code has fallen short. Find out why. Also outlined is how to effectively assert a claim under this new section.
- The Automatic Stay: What Every Creditor Should Know
- As soon as one of your customers files a petition for bankruptcy, you are constrained by an Automatic Stay. How familiar are you with this important debtor protection that carries weight equal to a court-ordered injunction?
- Three Important Changes to U.S. Federal Bankruptcy Rules
- All bankruptcy cases pending on December 1, 2007, as well as all new cases filed on or after that date, are effected by a number of amendments to the United States federal procedural rules for bankruptcies. Three of the most significant changes and how they impact creditors are explained here.
- Bankruptcy Preferences Q&A
- Are lease payments and related utility invoices considered preferential payments in bankruptcy? Read the answer here.
- New Chinese Bankruptcy Law Effective June 1, 2007
- Twelve years in the making, China's Enterprise Bankruptcy Law went into effect this month. Read how it compares with current U.S. Bankruptcy Law on a number of key points.
- Why Informal Reorganizations Fail
- To avoid the heavy administrative costs and stigma of a formal bankruptcy, some companies choose informal reorganization as a way to solve their money problems. This article takes a look at the pros and cons of informal reorganizations, or workouts.
- China Adopts New Bankruptcy Law
- In August 2006, China's legislature passed the Enterprise Bankruptcy Law, which incorporates a major policy change effecting bankruptcy pay-outs and is seen as a major move in bringing China in line with international standards and market-based economies.
- Canadian Bankruptcy Law
- Insolvency, receivership, bankruptcy. What do they mean in the context of Canadian law? This and much more in an article that examines Canadian Bankruptcy Law.
- U.S. Bankruptcy Law
- What began as a creditor remedy against debtor fraud has, over time, developed into a voluntary system allowing debtors to protect themselves from creditors. Follow the fascinating evolution of bankruptcy and the laws that have come to define it.
- Reclamation Rights
- Your customer has filed for bankruptcy protection. Is there anything you can do to seek the return of the goods you shipped? Or at least recover their equivalent value? Knowing what to do next can save your company money.
- Read this before you make the mistake of paying on a preference demand as soon as it's received. Many of these claims can be defended or compromised.
- Introduction to Chapter 11
- This month we complete our Introduction to Bankruptcy with an overview of the reorganization process provided for under U.S. Title 11, Chapter 11 of federal bankruptcy law.
- Introduction to Chapter 7
- What exactly is involved in filing bankruptcy? The steps in the liquidation process, as provided for under Title 11, Chapter 7 of federal bankruptcy law, are outlined here.
- Bankruptcy Bill S.256
- Zero in on how the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (S.256) impacts Chapter 11 creditors committees, reclamation rights, preferences, small businesses and more.
- When Your Customer Files for Bankruptcy
- You call to collect and a debtor tells you you’re out of luck – they’ve filed for bankruptcy. What to you do?
- Creditors Beware!
- Creditors Beware: Critical Vendor payments may supersede bankruptcy priorities. An advisory from The Bernstein Law Firm.