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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
Publications
Publications

Bankruptcy & Restructuring

To Fraud or Not to Fraud, That Is the Question

Posted on March 26, 2018 by Kirk Burkley

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 …

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Chapter 5 Actions and the Contract Assumption Defense

Posted on March 28, 2017 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 …

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10 Things about Bankruptcy for Collection Professionals

Posted on December 16, 2015 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 …

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Background Information for Chapter 11 Committees of Unsecured Creditors

Posted on February 20, 2015 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 …

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Ethics and Professionalism Series

Posted on July 29, 2014 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: …

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Preference Actions

Posted on July 29, 2014 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 …

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5 Minute Legal Master

Posted on December 20, 2013 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, …

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A Trustee’s Burden for Preference Transfer: Getting More Than in a Chapter 7

Posted on May 23, 2013 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 …

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Defending Against Preference Actions: The Domestic Support Obligation Exception

Posted on January 21, 2013 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 …

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Defending Preference Actions: Statutory Liens

Posted on January 21, 2013 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 …

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