To Fraud or Not to Fraud, That Is the Question
By Kirk B. Burkley, Esq. Published by the American Bankruptcy Institute’s “ABI Journal.” To view the printed article, CLICK HERE. In 2013, the U.S. Supreme Court resolved a circuit split …
Publications
Bankruptcy & Restructuring
Chapter 5 Actions and the Contract Assumption Defense
Posted on by Bob Bernstein
By Robert S. Bernstein, Esq. Most, if not all, commercial bankruptcy practitioners have dealt with “avoidance actions,” suits to avoid and recover preferential, fraudulent, and unauthorized post-petition transfers. While the …
10 Things about Bankruptcy for Collection Professionals
Posted on by Bob Bernstein
By Robert S. Bernstein, Esq. Published by the Credit Research Foundation’s “CRF News.” To view the printed article, CLICK HERE. 1.) Chapter 11 Process A debtor commences a Chapter 11 …
Background Information for Chapter 11 Committees of Unsecured Creditors
Posted on by Bernstein-Burkley
I. THE COMMITTEE OF UNSECURED CREDITORS A. Rationale for Formation of Committee Congress, in enacting the Bankruptcy Code, envisioned a process which would be primarily driven by negotiation between the …
Ethics and Professionalism Series
Posted on by Bob Bernstein
Bernstein-Burkley, P.C. are business attorneys serving the Pennsylvania business market. We believe in integrity, ethics and professionalism. Please enjoy this series of articles on Ethics and Professionalism. Ethics and Professionalism: …
Preference Actions
Posted on by Bernstein-Burkley
We hope you learn from this six-part series on Preference Actions in Bankruptcy. Who can, and can’t get paid, within what period of time from filing, when should you not …
5 Minute Legal Master
Posted on by Kirk Burkley
Transcript (5:12) Welcome to the 5 Minute Legal Master series where expert attorneys help you master important legal topics. Today, board-certified creditors’ rights and business bankruptcy attorney, Kirk B. Burkley, …
A Trustee’s Burden for Preference Transfer: Getting More Than in a Chapter 7
Posted on by Bob Bernstein
Trustee’s Burden for Preference Transfers: “Getting More Than in a 7” Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The fifth and final element that a trustee must prove in …
Defending Against Preference Actions: The Domestic Support Obligation Exception
Posted on by Bob Bernstein
Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News While the topics of alimony and support are not usually found on credit pages, it is necessary to give one the full …
Defending Preference Actions: Statutory Liens
Posted on by Bob Bernstein
Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The Bankruptcy Code provides Creditors with a defense to a bankruptcy trustee’s preference action for transfers which constitute the fixing of a …