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Bernstein Burkley
  • Practice Areas
    • Overview
    • Bankruptcy & Restructuring
    • Business and Corporate Transactions
    • Creditors’ Rights
    • Litigation
    • Oil & Gas and Energy
    • Real Estate
  • Our Attorneys
  • About Us
    • Our Approach
    • History
    • Law Lists
    • Professional Memberships
    • Careers
  • Resources
    • Bernstein’s Dictionary of Bankruptcy Terminology
    • Links
    • Five Minute Legal Master videos
    • Blog
    • Legal Publications
  • News
    • Cases Archive
    • Firm News
    • In the News
    • Industry News
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Blog
Blog

U.S. SUPREME COURT DECIDES THAT FAILURE TO OBTAIN A STAY OF A BANKRUPTCY COURT ORDER APPROVING A SALE IS NOT “JURISDICTIONAL” AND THEREFORE DOES NOT PREVENT AN APPEAL

Posted on May 24, 2023 by Victoria Davis

By Jeffrey C Toole  May 24, 2023 Section 363 of the Bankruptcy Code permits debtors-in-possession and trustees to sell or lease property of the bankruptcy estate to someone else, subject …

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Asset Armor: Protecting Your Wealth with Bernstein-Burkley’s Asset Protection Insights Blog #1

Posted on May 19, 2023 by Victoria Davis

By Harry W. Greenfield  May 19, 2023 A series of blogs on Asset Protection…. Blog #1.   >>> During my 53 years of practicing law along with Bob’s 53 years preparing and …

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U.S. SUPREME COURT: BANKRUPT DEBTORS CANNOT DISCHARGE DEBTS FOR FRAUD, EVEN IF THEY DID NOT PERSONALLY COMMIT THE FRAUD

Posted on March 7, 2023 by Victoria Davis

By Jeffrey C Toole  March 7, 2023 On February 22, 2023, the U.S. Supreme Court held that an individual who is found liable for fraud cannot discharge that debt in …

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Allegheny County Property Owners Have Until March 31, 2023 to Challenge Their 2022 Assessments

Posted on January 27, 2023 by Victoria Davis

By: James M. Berent January 27, 2023 On September 1, 2022, Allegheny County Common Pleas Judge, Alan Hertzberg, ordered that the common level ratio for the tax year 2022 be …

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Third Circuit Rules That Pre-Bankruptcy Termination of A Purchase Option is Not an Avoidable Fraudulent Transfer

Posted on December 29, 2022 by Victoria Davis

By Jeffrey C Toole  December 29, 2022 Section 548(a) of the Bankruptcy Code empowers a trustee or a chapter 11 debtor-in-possession to set aside  “transfers” occurring within two years before …

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Eleventh Circuit Holds PACA Trusts Do Not Give Rise to Non-dischargeability of Debts

Posted on October 12, 2022 by Victoria Davis

By Lara S. Martin  October 12, 2022 Generally, in individual bankruptcy cases (Ch. 7, 11, 12 and 13), a debtor will be granted a discharge of its debts. A bankruptcy …

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U.S. Supreme Court will decide whether the failure to obtain a stay of a bankruptcy court order approving a sale, or “integral” to a sale, prevents any appeal

Posted on July 5, 2022 by Victoria Davis

By Jeffrey C. Toole July 5, 2022 The U.S. Supreme Court has agreed to decide an important issue affecting asset sales and lease assignments in bankruptcy cases – namely, whether …

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At First Blush: Revlon, Inc., the beginning of a wave of bankruptcies for the retail industry?

Posted on June 24, 2022 by Victoria Davis

By Lara S. Martin June 24, 2022 Revlon, Inc. is the first consumer facing retail business to file for bankruptcy protection in 2022.  As supply chain disruptions and delays abound …

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President Biden Signs the Bankruptcy Threshold Adjustment and Technical Corrections Act Into Law

Posted on June 22, 2022 by Victoria Davis

By Erica L. Kravchenko and Jeffrey C. Toole June 21, 2022 On June 21, 2022, President Biden signed the bipartisan-supported “Bankruptcy Threshold Adjustment and Technical Corrections Act” into law. The Act …

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It Takes Two to Tango: A Look at Imputed Fraudulent Actions in Partnerships under Section 523(a)(2)(A) of the Bankruptcy Code

Posted on June 21, 2022 by Victoria Davis

By Erica L. Kravchenko – June 21, 2022 The two basic tenets of bankruptcy are to provide an honest but financially distressed debtor the opportunity to achieve a fresh start …

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