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Bernstein Burkley
  • Practice Areas
    • Overview
    • Bankruptcy & Restructuring
    • Business and Corporate Transactions
    • Creditors’ Rights
    • Litigation
    • Oil & Gas and Energy
    • Real Estate
    • Real Estate & Commercial Finance
  • 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

Defending Preference Actions: Statutory Liens

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The Bankruptcy Code provides Creditors with a defense to a bankruptcy trustee’s preference action for transfers which constitute the fixing of a …

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Defending Preference Actions – Security Interests in Inventory or Receivables

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News A Creditor holding a security interest in a bankruptcy debtor’s inventory or receivables may be able to avail itself to the defense …

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Defending Preference Actions: Transfers For Subsequent New Value

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News Another statutory defense available to creditors subject to a bankruptcy trustee’s preference action relates to transfers for subsequent new value. Bankruptcy Code …

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Defending Preference Actions: Purchase Money Security Interest Transfers

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The third statutory defense to a bankruptcy trustee’s preference action protects lenders who receive a purchase money security interest from a bankruptcy …

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Defending Preference Actions: Ordinary Course of Business

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News The second principal defense which a creditor can raise to a bankruptcy trustee’s preference action is known as the ordinary course of …

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Defending Preference Actions: Contemporaneus Exchange for New Value

Posted on January 21, 2013 by Bob Bernstein

Robert S. Bernstein, Esquire Bernstein-Burkley, P.C. Creditworthy News Previously we addressed the burden of proof placed upon a bankruptcy trustee in order to avoid a preference payment or transfer made …

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Place a Claim with Bernstein Burkley

Posted on December 12, 2012 by Bernstein-Burkley

When your debtor won’t pay or breaks a deal, you want action fast. Here are the ways you can get that fast action with the Creditors’ Rights Practice at Bernstein-Burkley, …

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Part 10: What Does This All Costs?

Posted on December 12, 2012 by Bernstein-Burkley

The creditors’ rights lawyers will generally agree to a contingent collection fee (often paid by the agency). In addition to the contingent fee negotiated by the agency, attorney’s suit fees …

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Part 9: Can I Just Give Up?

Posted on December 12, 2012 by Bernstein-Burkley

The ability to just walk away after turning a debt over to attorneys for legal collection depends on a few things. Legally, it depends whether the debtor has responded to …

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Part 8: When/How to Settle Debt Litigation

Posted on December 12, 2012 by Bernstein-Burkley

It may not be obvious, but the best time to settle debt litigation is before it starts! But if that isn’t possible and litigation is the next step in turning …

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