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Bernstein Burkley
  • Practice Areas
    • Overview
    • Bankruptcy & Restructuring
    • Business and Corporate Transactions
    • Creditors’ Rights
    • Litigation
    • Oil & Gas and Energy
    • Real Estate
    • Real Estate & Commercial Finance
  • 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
  • Contact
Blog
Blog

Blog

Equitable Mootness & Its Limitations on Appellate Rights

Posted on April 19, 2022 by Victoria Davis

By Sarah E. Wenrich – “Equitable Mootness” is a court-created doctrine unique to bankruptcy cases. This doctrine limits appeals of bankruptcy court orders and, when applied, results in a complete …

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What Every Small Business Owner Should Know About Bankruptcy

Posted on April 7, 2022 by Victoria Davis

By Kirk B. Burkley and Lara S. Martin – Most lawyers and business owners are not familiar with the bankruptcy process. Many think of bankruptcy as being utilized only by …

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Provisions of CARES Act Bankruptcy Code Amendments Sunset

Posted on March 31, 2022 by Victoria Davis

By Lara S. Martin – Certain temporary amendments to the Bankruptcy Code vis a vis the Coronavirus Aid, Relief and Economic Security (CARES) Act expired on the two year anniversary …

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In Bankruptcy, Who Gets to Keep the Money? A review of the real estate market and bankruptcy.

Posted on March 4, 2022 by Victoria Davis

By Keri P. Ebeck – Despite a pandemic, the real estate market in the United States has grown and expanded. Home prices were at all-time high, while interest rates were …

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Watch Your Tone – Email Communications Play a Large Role in HHGregg $3.5 million Preference Action Judgment

Posted on February 16, 2022 by Victoria Davis

By Sarah E. Wenrich – When a business – or a person – falls on difficult times and files for bankruptcy, its creditors or vendors may find themselves defending lawsuits …

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Purdue Pharma: Even to Save a $4 Billion Deal, A Bankruptcy Court Cannot Approve a Chapter 11 Plan That Forces Dissenting Creditors to Release Non-Debtors

Posted on January 13, 2022 by Megan McLachlan

By Jeffrey C. Toole, Esq. Bankruptcy Partner Cleveland Office On December 16, 2021, Judge Colleen McMahon of the United States District Court for the Southern District of New York sent …

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Following ‘Fulton,’ ‘Margavitch’ Ruling Marks Important Decision for Creditors

Posted on October 21, 2021 by Megan McLachlan

Creditors’ inactions confirmed to not violate the automatic stay in the Third Circuit after United States Bankruptcy Court for the Middle District of Pennsylvania Judge Conway’s opinion in In re …

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Open House Event

Posted on October 5, 2021 by Megan McLachlan

Bernstein-Burkley is hosting an Open House event on Thursday, November 4, 2021 from 4 p.m. to 7 p.m. to celebrate our brand-new Pittsburgh headquarters located at 601 Grant Street 9th …

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We’re Moving

Posted on August 2, 2021 by Megan McLachlan

While Bernstein-Burkley’s new headquarters in the FHL Building is still under construction, we’re utilizing some temporary space in that building until we’re fully ready to relocate later this summer. In …

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Homaidan v. Sallie Mae: Second Circuit Interprets 11 U.S.C. §523(a)(8)(A)(ii) for Dischargeability of Private Student Loans

Posted on July 26, 2021 by Megan McLachlan

On July 15, 2021, the Second Circuit issued its ruling in Homaidan v. Sallie Mae, Navient Solutions, LLC, which essentially reviewed and interpreted 11 U.S.C. §523(a)(8)(A)(ii) to determine that private …

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