Part 2: How is the collection lawyer chosen?
Choosing the lawyer is an art and a science. Most experienced agency personnel have relationships (or at least familiarity) with creditors’ rights lawyers in most major metropolitan areas. If they’ve …
Publications
Creditors' Rights
Part 1: What Causes it to “go legal?”
Posted on by Bernstein-Burkley
When an account is placed with a collection agency, the client usually gives the agency authority to place it with a lawyer if the agency believes this move would assist …
Once a Collection Goes Legal
Posted on by Bernstein-Burkley
A short series for Creditors Many collection or credit managers spend a great deal of time preventing collection problems, whether in the granting process or the in-house collection phase. More …
Guide to Mechanic’s Liens
Posted on by Bernstein-Burkley
A mechanic’s lien can be filed against property and structures by contractors, subcontractors, material suppliers, and other construction professionals involved in new construction improvements to real property, or the alteration …
Reclamation for Credit Managers
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. VII. THE DEFINITION OF RECEIPT The date of “receipt” is crucial in determining when the 10 day (or 45 day) reclamation demand …
A Short Series on Reclamation for Credit Managers, Part 5: CODE V. CODE
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. VI. CODE V. CODE While the U.C.C. and Section 546(c) reclamation provisions are similar, they are not identical. There are several common …
A Short Series on Reclamation for Credit Managers, Part 4: CASH, LIEN OR CLAIM?
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. V. RECLAMATION RIGHTS VS. SECURED CREDITORS AND/OR GOOD FAITH PURCHASERS A seller seeking reclamation must contend with two common hurdles to recovery. …
A Short Series on Reclamation for Credit Managers, Part 3: HOW IT WORKS
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. III. HOW IT WORKS The first thing a creditor should do when it learns of a bankruptcy (or other indication of insolvency) …
A Short Series on Reclamation for Credit Managers, Part 2: RECLAMATION AND BANKRUPTCY
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. I. RECLAMATION AND BANKRUPTCY Sometimes, the reclamation demand is occasioned by the customer filing a Voluntary Petition for Relief under Chapter 11 …
A Short Series on the Disappearing Debtor – Conclusion: What Creditors Can Do
Posted on by Bob Bernstein
Contributed by: Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. What happens when a business debtor closes up shop one day only to appear the next day under a slightly different name …