Lawsuit Danger Alert: Be Careful How You Dispose of Old Records
Changes in law that take effect this December will increase your chances of being sued for unmanaged attrition of records when litigation is likely. Protect yourself now! As if you …
Publications
Creditors' Rights
Powerful Collection Tools for Unsecured Creditors in Bankruptcy
Posted on by Kirk Burkley
By: Kirk B. Burkley This article appeared in the Pennsylvania Association of Credit Managers Newsletter, The Creditor There are a couple of important statutes that should rest on the credenza …
Involuntary Bankruptcy – A Useful Tool for Lessors and Creditors
Posted on by Bernstein-Burkley
“Bankruptcy.” To many creditors, this term is understood to mean a lost cause, a write-off and the end of the collection process. To other creditors, including those that appropriately use …
Acceptance and Reclamation in PA
Posted on by Bernstein-Burkley
As a commercial seller, distributor, manufacturer or purchaser of goods you are certainly aware of an area of the law known as the Uniform Commercial Code (U.C.C). In fact you …
Enforceability of Various Contract Clauses Found in Commercial Credit Applications
Posted on by Nicholas Krawec
Nicholas D. Krawec, Esq. Partner, Bernstein-Burkley, P.C. Commercial credit applications are contracts which will govern the credit account transactions between the credit grantor and its customer, and therefore are subject …
New Bankruptcy Code Forces Consumer Debtors to Pay More to Unsecured Creditors
Posted on by Bernstein-Burkley
Bernstein-Burkley, P.C. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is over two years old now. By now, most people are familiar with its terms and have adjusted …
Understanding Preference Actions Under the Bankruptcy Code
Posted on by Bernstein-Burkley
There is perhaps nothing more frustrating than when one of your customers files bankruptcy and avoids paying money that they owe your company. However, anyone that has dealt with a …
Confession of Judgment under Pennsylvania Law
Posted on by Bernstein-Burkley
Bernstein-Burkley, P.C. As a creditor, there is perhaps no greater tool than a valid confession of judgment clause within your written agreement with a customer. Imagine a customer fails to …
Forum Selection Provisions in Credit Agreements
Posted on by Nicholas Krawec
Nicholas D. Krawec, Esq. Bernstein-Burkley, P.C. In the modern business world, where interstate and international transactions are commonplace, many commercial contracts include a clause commonly referred to as a “Forum …
Federal Court Replevins Actions
Posted on by Bernstein-Burkley
So you’ve met with an attorney and you have been informed that you have a “strong” case. Of course you instruct your attorney to immediately run to the nearest courthouse …