Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Because bankruptcy filings were up over the past several years, debtors and trustees in those cases are now at the point of filing preference lawsuits in bankruptcy courts across the country.  Relying on Section 547(b) of the Bankruptcy Code, plaint ...[Read more]

Published: 9/25/2015 | 0  Comments | 0  Links to this post

Sweet Potatoes Not So Sweet After All - Growers Not Exempt from PACA

​On August 18, 2015, the United States Court of Appeals for the Fourth Circuit affirmed decisions from the United States District Court and the United States Bankruptcy Court for the Eastern District of North Carolina dismissing Perishable Agricultu ...[Read more]

Published: 8/18/2015 | 0  Comments | 0  Links to this post

Eastern District of NC Judges May Not Allow Stay Relief Orders to be Effective Upon Entry

​Rule 4001(a)(3) of the Bankruptcy Rules requires that an order granting a motion for relief from the automatic stay is stayed until the expiration of fourteen (14) days after the entry of the order, unless the court orders otherwise.  Many creditor ...[Read more]

Published: 1/16/2015 | 0  Comments | 0  Links to this post