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

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

Keep Calm and Don't Carry On - Proven Tactics to Defeat and Settle Claims Asserted by Bankruptcy Trustees and Debtors

​​Reprinted from the Fall/Winter 2013 Issue of USLAW Magazine. When a bankruptcy petition is filed, all of the debtor’s legal and equitable interests become part of the bankruptcy estate. The statutory definition of “property of the estate” is broad ...[Read more]

Published: 8/12/2014 | 0  Comments | 0  Links to this post