Post Judgment Interest: Are You Giving Money Away?
In a perfect world, a creditor would never have to file a lawsuit to collect on balances due and owing from debtors. In a great world, any judgment obtained as …
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Bankruptcy Code Changes: Will it be Cheaper and Easier for Debtors?
Posted on by Bob Bernstein
The New York Times Editorial Page recently published an Op-Ed piece by Ronald Mann (http://www.nytimes.com/2010/03/12/opinion/12mann.html?ref=opinion), professor of law at Columbia. Mr. Mann’s Article suggested major changes to the Bankruptcy Code to make …
Breaking Promises or Breaching Contracts: Which do your Debtors do?
Posted on by Bob Bernstein
A couple of months ago, I attended a presentation by a well known trial attorney. He opened the seminar by stating that he had never represented a Plaintiff/Creditor in a …
Preference Action
Posted on by Bob Bernstein
There is perhaps nothing more frustrating than when one of your customers files bankruptcy and avoids paying money that they owe your company. However, anyone that has dealt with a …
Why am I being sued for a preference?
Posted on by Bob Bernstein
There is nothing more frustrating that having one of your biggest customers file for bankruptcy, leaving your company holding a large unpaid debt, and then to be sued later for …
Proof of Delivery
Posted on by Bob Bernstein
A quick question for all creditors out there. How many of you require a signature from your customers upon receipt of delivered goods? Better yet, how many of you actually …
Bankruptcies on the rise…
Posted on by Bob Bernstein
A recent article in the Pittsburgh Post-Gazette indicates that bankruptcies are once again on the rise. With the economy in a deep recession and unemployment hovering at over 10% with …
Avoiding the Bankruptcy Discharge
Posted on by Bob Bernstein
Typically, the central purpose of filing a bankruptcy is to “discharge” all or most of the debtors’ debts. A bankruptcy “discharge” releases the debtor from personal liability for certain specified …
Know Where the Money Is Prior to Extending Credit
Posted on by Bob Bernstein
As a potential creditor, you have heard this message time and time again. Do your homework! Prior to extending credit to a new customer make sure to obtain as much …
What is a Full Faith and Credit Clause?
Posted on by Bob Bernstein
by Jack P. Bock The Full Faith and Credit Clause of the U.S. Constitution obligate each state to recognize and respect the official acts of every other state. In the …