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

Bankruptcy & Restructuring

Defending Preference Actions: Ordinary Course of Business

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The second principal defense which a creditor can raise to a bankruptcy trustee’s preference action is known as the ordinary course of …

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When A Tenant Files Bankruptcy

Posted on September 27, 2012 by Bob Bernstein

Once frustrated by the bankruptcy code, landlords now are finding several forms of recourse. by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. The United States Bankruptcy Code—once a landlord’s worst enemy—now …

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Sample Bylaws of an OFFICIAL UNSECURED CREDITORS’ COMMITTEE

Posted on September 27, 2012 by Bob Bernstein

BYLAWS OF THE OFFICIAL UNSECURED CREDITORS’ COMMITTEE IN THE CHAPTER 11 CASE OF Case No. ________________ Pending in the UNITED STATES BANKRUPTCY COURT ___________________ DISTRICT OF ________________________ (the “Court”) Committee …

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How, Why, and When to Seek the Appointment of a Chapter 11 Trustee

Posted on September 27, 2012 by Bob Bernstein

by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Appointing a Chapter 11 trustee is certainly not a panacea, according to author Robert Bernstein. But is certainly can be a helpful tool …

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Bridging the Abyss: Reorganization Without Bankruptcy

Posted on September 27, 2012 by Bob Bernstein

by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. The first step in determining whether or not a business can reorganize without formally filing for protection under Chapter 11 is to conduct …

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Background Information for Chapter 11 Committees of Unsecured Creditors

Posted on September 27, 2012 by Bob Bernstein

INTRODUCTION This booklet was written for the purpose of providing credit managers and other persons who serve on creditors’ committees with general information on the Chapter 11 process and on …

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Pre-Bankruptcy Lease Termination: Overlooked Benefit?

Posted on September 27, 2012 by Bob Bernstein

by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. reprinted from The Monitor Terminating a personal property lease is often overlooked as an option in the early stages of the collection process. …

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Landlord Recourse in Residential Tenant Bankruptcy

Posted on September 27, 2012 by Bob Bernstein

by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Landlords can avoid frustration and pursue several forms of recourse under the bankruptcy code when faced with a Residential Tenant Bankruptcy. Personal bankruptcy …

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A Primer on Preferential Actions in Bankruptcy

Posted on September 27, 2012 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News THE DOUBLE WHAMMY PROVE IT, MR. T JUST WHAT DO THEY MEAN? TRUSTEE’S BURDEN FOR PREFERENCE TRANSFERS FOR OR ON ACCOUNT OF …

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Lessors and Bankruptcy: A New Look at Critical Vendor Payments in Chapter 11 Cases

Posted on September 27, 2012 by Kirk Burkley

Robert S. Bernstein, Esquire Kirk B. Burkley Bernstein-Burkley, P.C. This article appeared in LJN’s Equipment Leasing Newsletter , June 2003. An earlier version appeared in the July 2002 issue of …

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