When a Debtor Files a Response Pro Se
As a creditor’s rights attorney, I often receive Answers to our Complaints filed Pro Se by Defendants. Sometimes these Answers are in the proper format and I assume that an …
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Fraudulent Transfers: Not All Payments Are Created Equal
Posted on by Bob Bernstein
Many of you are familiar with preferences actions and the defenses to those actions. You may not be aware of fraudulent transfer actions. With the increasing rise in bankruptcy cases …
Rules of Evidence?: Yes, They Apply in Creditor-Debtor Disputes
Posted on by Bob Bernstein
Once a claim goes legal, there are many factors that come into play and directly impact a creditor’s ability to get paid. As a credit professional, you must be aware …
Keep a Close Eye On Multiple Bankruptcy Filers
Posted on by Bob Bernstein
It is now common to see individuals file 2, 3, even 4 personal bankruptcies. As the economy continues to stagnate, we are beginning to see multiple filers more often. Creditors …
Who Pays for My Lawsuit?
Posted on by Bob Bernstein
You do. Seems simple enough. However, you would be surprised at the number of creditors that are under the mistaken belief that the debtor will be on the hook for …
Be Wary: Bankruptcy Filings Continue to Rise
Posted on by Bob Bernstein
According to a recent article in the New York Times, individual and corporate bankruptcies are at a five-year high. As a creditor, here are three things to keep in mind …
Guaranty or Surety?
Posted on by Bob Bernstein
Under Pennsylvania common law, “the primary difference between a surety and a guarantor is the time at which a creditor can collect from each. With regard to suretyship, the creditor …
A Refresher on 503(b)(9) “20-Day Claims” Part 2
Posted on by Bob Bernstein
Unfortunately, the Code does not require that the administrative claim be paid in full immediately after the Court allows the claim. Instead, the Code only sets the relative priority of …
A Refresher on 503(b)(9) “20-Day Claims” Part 1
Posted on by Bob Bernstein
Since clients ask about this all the time, I thought it would be a good time to give a quick refresher on 20-day claims and briefly discuss how …
Where is Your Collateral?
Posted on by Bob Bernstein
It should go without saying that as a secured creditor you should be aware of the location of any and all collateral in the debtor’s possession that is the subject …