A Short Series on the Disappearing Debtor
A Short Series on the Disappearing Debtor – Ownership Structure A Short Series on the Disappearing Debtor – Debt Structure A Short Series on the Disappearing Debtor – Fraudulent Transfers …
Publications
Creditors' Rights
Understanding the Home Improvement Consumer Protection Act
Posted on by Bernstein-Burkley
The Pennsylvania Home Improvement Consumer Protection Act (“HICPA”), 73 P.S. § 517.1, is a fairly recent law that substantially impacts the rights and duties of both consumers and contractors. The …
Ethics & Professionalism: Professional Courtesy v. Zealous Representation
Posted on by Bob Bernstein
*This article previously appeared in the July/August/September 2013 issue of Commercial Law World, the official publication of the Commercial Law League of America. By: Robert S. Bernstein, Esq. It happens …
Subcontractors and Suppliers Beware: Your Rights to Mechanics Liens May Soon Be Slashed
Posted on by Bernstein-Burkley
A mechanics lien is an extraordinary and powerful tool for subcontractors and suppliers seeking recovery for nonpayment. Although all states differ in the specifics of their mechanics’ lien laws, Pennsylvania …
Practical Advice for Creditors in Preference Defense
Posted on by Bob Bernstein
Practical Advice for Creditors Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News In the last several issues, we have covered the definition of a preference, as well as the explanation …
Preference Actions, Part 6: Preference Time Periods: The Beginning and the End
Posted on by Bob Bernstein
Part 6: Preference Time Periods: The Beginning and the End Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The fourth element a Bankruptcy Trustee must prove in order to avoid …
Preference Actions, Part 5: Preference Transfers Made While Debtor was Insolvent
Posted on by Bob Bernstein
Part 5: Trustee’s Burden for Preference Transfers Made While Debtor Was Insolvent Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The third of five elements the Trustee must prove in …
Preference Actions, Part 4: Trustee Burden for Preference Transfers For or On Account of an Antecedent Debt
Posted on by Bob Bernstein
Part 4: Trustee’s Burden for Preference Transfers for or on Account of an Antecedent Debt Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The second element the Trustee must prove …
Preference Actions, Part 3: Just What Do They Mean?
Posted on by Bob Bernstein
Part 3: Just What Do They Mean? Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News Last time, we outlined the five elements of a preference claim that must all be …
Preference Actions, Part 2: Prove It, Mr. T
Posted on by Bob Bernstein
Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The “double whammy” just hit you. One of your customers filed bankruptcy, causing you to look at a significant write-off, and now …