Bankruptcy

Will HR 1942 Send BAPCPA Packing?

Sep-28-2009

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

Aug-24-2009

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

Jul-26-2009

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)

Apr-27-2009

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

Nov-14-2008

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

May-29-2008

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

Aug-29-2007

Are lease payments and related utility invoices considered preferential payments in bankruptcy? Read the answer here.

New Chinese Bankruptcy Law Effective June 1, 2007

Jun-26-2007

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.

Involuntary Bankruptcy under U.S. Title 11

Jun-25-2007

Filing a petition for involuntary bankruptcy against a debtor who has been unresponsive is a good way to collect. Right? Well, maybe. But before you go in that direction, there are some very important things to consider.

Why Informal Reorganizations Fail

Nov-28-2006

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

Sep-26-2006

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

Apr-24-2006

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

Mar-22-2006

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

Dec-13-2005

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.

Preferences

Nov-14-2005

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

Oct-25-2005

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

Sep-28-2005

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

May-31-2005

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

Jun-16-2004

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!

Jan-22-2004

Creditors Beware: Critical Vendor payments may supersede bankruptcy priorities. An advisory from The Bernstein Law Firm.

Unsecured Creditors' Committee

Oct-16-2003

If you are an unsecured creditor in a bankruptcy, you're basically at the bottom of the list as far as recovery is concerned. But someone is looking out for your interests. Find out who and how.

Proof of Claim

Sep-18-2003

Filing a bankruptcy Proof of Claim isn't rocket science. But two commonly made mistakes can cause this basic, straightforward process to fizzle before it gets off the ground.