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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

Creditors' Rights

Part 2: How is the collection lawyer chosen?

Posted on December 12, 2012 by Bernstein-Burkley

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 …

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Part 1: What Causes it to “go legal?”

Posted on December 12, 2012 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 …

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Once a Collection Goes Legal

Posted on December 11, 2012 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 …

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Guide to Mechanic’s Liens

Posted on December 11, 2012 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 …

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Reclamation for Credit Managers

Posted on September 27, 2012 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 …

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A Short Series on Reclamation for Credit Managers, Part 5: CODE V. CODE

Posted on September 27, 2012 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 …

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A Short Series on Reclamation for Credit Managers, Part 4: CASH, LIEN OR CLAIM?

Posted on September 27, 2012 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. …

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A Short Series on Reclamation for Credit Managers, Part 3: HOW IT WORKS

Posted on September 27, 2012 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) …

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A Short Series on Reclamation for Credit Managers, Part 2: RECLAMATION AND BANKRUPTCY

Posted on September 27, 2012 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 …

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A Short Series on the Disappearing Debtor – Conclusion: What Creditors Can Do

Posted on September 27, 2012 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 …

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