To Fraud or Not to Fraud, That Is the Question
By Kirk B. Burkley, Esq. Published by the American Bankruptcy Institute’s “ABI Journal.” To view the printed article, CLICK HERE. In 2013, the U.S. Supreme Court resolved a circuit split …
Publications
Chapter 5 Actions and the Contract Assumption Defense
Posted on by Bob Bernstein
By Robert S. Bernstein, Esq. Most, if not all, commercial bankruptcy practitioners have dealt with “avoidance actions,” suits to avoid and recover preferential, fraudulent, and unauthorized post-petition transfers. While the …
10 Things about Bankruptcy for Collection Professionals
Posted on by Bob Bernstein
By Robert S. Bernstein, Esq. Published by the Credit Research Foundation’s “CRF News.” To view the printed article, CLICK HERE. 1.) Chapter 11 Process A debtor commences a Chapter 11 …
Background Information for Chapter 11 Committees of Unsecured Creditors
Posted on by Bernstein-Burkley
I. THE COMMITTEE OF UNSECURED CREDITORS A. Rationale for Formation of Committee Congress, in enacting the Bankruptcy Code, envisioned a process which would be primarily driven by negotiation between the …
Simple Steps To Better Security Interests
Posted on by Bob Bernstein
by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. In the past few issues, we have covered some of the basic rules of security interests, as well as some of the pitfalls. …
Security Interests – Imperfect Perfection
Posted on by Bob Bernstein
by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Last week, we used this simple example of perfection by filing: You sell equipment on credit to a customer who only has one …
Part 3: Perfection By Filing, A Short Series On Security Interests For Credit Managers
Posted on by Bob Bernstein
by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. While this could be the title of a manual on manicures (sorry, I couldn’t resist), it is about the most frequent type of …
Part 2: Security Interests for Credit Managers
Posted on by Bob Bernstein
by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. As we saw last time, perfection is the concept of making a lien good against other people so they cannot get rights in …
Part 1: Basics – A Short Series On Security Interests For Credit Managers
Posted on by Bob Bernstein
by Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Many people misunderstand the use of security interests and their enforcement. While the subject is much too broad to cover completely here, there …
Ethics and Professionalism: Can I Tell Clients That I “Specialize”?
Posted on by Bob Bernstein
By Robert S. Bernstein, Esq. In 1977, the U.S. Supreme Court decided Bates v. State Bar of Arizona, and granted lawyers the right to advertise, subject to the states’ rights to …