Critical vendor treatment in bankruptcy is a process that allows a debtor to pay a vendor its pre-petition claim based on the idea that the vendor is so important to the debtor’s business, that ending the relationship would make it very difficult if not impossible for the debtor to reorganize.
If a corporation obtained a discharge through a bankruptcy proceeding, can that debt be enforced against the alter egos? Bill Siegel explores a recent opinion where the U.S. Bankruptcy Appellate Panel for the Ninth Circuit faced this question.
Bankruptcy and Creditor's Rights attorney Bill Siegel explains Bankruptcy Code provisions that apply to vendor's rights and creditor's rights regarding distressed debtors.
Bill Siegel looks at the In re Cyber Litigation and whether a Controlling Director's intent to defraud can be imputed to the Innocent Directors of a company's Board of Directors.
Bill Siegel discusses the Fifth Circuit holding in Raymond James v. Jalbert (In re: German Pellets La., LLC) - and the consequences for a creditor who opts to "sit on the sidelines" of a bankruptcy.
What effect does the "notwithstanding" clause in an agreement have over a specific provision of a contract?
Bill Siegel looks at Ornagevale LLC - and whether a debtor who filed bankruptcy on the eve of trial had a commercial lease that had terminated or could be assumed, and whether cause existed to lift or modify the stay.
Whether a landlord seeks to terminate a lease, or terminates right of possession, or chooses neither when seeking to evict a tenant can have consequences if the tenant files bankruptcy.
Bill Siegel looks at whether commercial lease termination is a fraudulent transfer - and the differing outcomes in the Seventh and Third Circuit Courts of Appeals.
When a debtor receives a shipment of goods within 20 days before the date it files bankruptcy and has failed to pay for said shipment prior to the bankruptcy filing, the creditor is entitled to an administrative claim, which [...]
Bank of America Plaza
901 Main St., Ste. 3900
Dallas, TX 75202
Preston Park Financial Center
4965 Preston Park Blvd., Ste.320
Plano, TX 75093
© 2024 Cowles & Thompson | Privacy Policy | Terms & Conditions | Website Built by Atomic Design & Consulting
