Podcast – Electronic Discovery in Bankruptcy Cases by Jeffrey Ritter and Bob Bernstein

Posted on July 14, 2009

Many bankruptcy attorneys are concerned about the efficiency of their process. By definition, at least the debtor has limited funds to pay for an engagement. This impacts the creditors who may not see a full recovery on their claim. As a result, many bankruptcy practitioners are leery of spending an Continue reading →

The “Credit Crisis” Still Exists

Posted on July 2, 2009

It’s gotten pretty quiet out there about whether businesses can get loans; what was known as the “credit crisis.” It hasn’t loosened up very much. Maybe there is money to lend. Maybe there isn’t. Even if there is, it seems that only those busineses with good credi Continue reading →

“They Know they Owe the Money” – Overcoming the Burden of Proof and the Importance of Supporting Documentation

Posted on June 29, 2009

When a collection claim results in litigation, a creditor must become familiar with certain legal concepts that will often determine whether or not the creditor sees any recovery as a result of the lawsuit. One such legal concept is the “burden of proof.” In all civil litigation, Continue reading →

Chrysler Filing Raising Eyebrows Among Seasoned Practitioners

Posted on June 18, 2009

The Bankruptcy Code mandates that secured creditors be paid the full value of the collateral securing their claim. Only after secured creditors are paid IN FULL is unsecured creditors to be paid anything. In thousands of cases every year, debtors and creditors are bound by the “priority sch Continue reading →

Don’t Make it Personal

Posted on June 5, 2009

“They stole from me!” “I am not taking a penny less than the full amount owed!” “I want to nail that son of a b#@^$!” Often creditors engage an attorney to recover an amount owed from a debtor, and the creditor feels betrayed or wronged by the debtor. It doesn Continue reading →

Bankruptcy Issues for Creditors

Posted on May 26, 2009

In 2005, a record number of debtors filed bankruptcy prior to the effective date of the amendments to avoid the amendments to the bankruptcy code that made it more difficult for debtors to file bankruptcy. After the amendments took effect, the number of bankruptcies being filed nosedived. Many peo Continue reading →

Chapter 11 – What the Public Needs to Know to Understand the Chrysler Bankruptcy

Posted on May 12, 2009

by Robert S. Bernstein, Esq. Since the late 1970s, the public really started to learn about Chapter 11 and how it works in “big companies.” Through the 80s and 90s with the airlines and the steel companies, it became more “routine” for big companies to file Chapter 11 bankruptcy. Today, Continue reading →

Shouldn’t Judicial Campaigns Follow the Law?

Posted on May 2, 2009

Maybe it’s a local issue, but it bothers me. It is illegal in many place (including the City of Pittsburgh) to put signs, even campaign signs, on public property. Yet we are seeing dozens or hundreds of campaign signs for judicial candidates routinely violating the law. Wouldn’t you Continue reading →

Commercial Law League of America – 79th Chicago Meeting: “A First Time Attendee’s Experience”

Posted on April 24, 2009

Now that I have my inbox somewhat under control, I would like to write about my recent experience attending the Commercial Law League of America’s (“CLLA”) 79th Chicago meeting. While last weekend, April 16-19, was the CLLA’s 115th Convention and its 79th Chicago Meeting, i Continue reading →

Bankruptcy – Who’s Responsible for This Mess?

Posted on April 15, 2009

Who’s responsible for this mess? The facts of a recent bankruptcy case perfectly illustrate one aspect of the recent economic collapse – loan defaults. In the case, a 51 year old, disabled and unemployed debtor making approximately $5,000 per year from social security disability to Continue reading →

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