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Legal Issues Today

That the law governing credit is complicated comes as no surprise to credit managers. Credit Today is unsurpassed in explaining complex legal issues and translating often obscure legal language into terms that shed light instead of shadow. Here's what you need to know about bankruptcies, preferences, personal guarantees, creditor committees, security interests, reclamation letters, proofs of claims, and the effects of mass tort claims upon your customers.

Statutes of Limitations: Carved in Stone?
By Ann Morales Olazábal, MBA, JD
Credit and the Law: The SituationJK Enterprises, an importer of men's apparel, sold $1.26 million worth of men's suits to Men's Trends, which operates a regional chain of specialty men's cl . . .  keep reading
E-Signature Act Benefits Business and Consumers FTC Reports - So what does it mean to the Credit Professional?
By Scott Blakeley, Esq.
E-Signature Act Benefits Business and Consumers FTC Reports - 
So what does it mean to the Credit Professional? The Electronic Signatures in Global and National Commerce Act (The E-Sign Act) went into effect November 2000. The ESign Act makes an electronic signature (esignature) as legally binding as ink-andpaper signatures, and can be used in legal proceedings. An e-signature is generally defined as a form of technology, including fingerprint readers, stylus pads and encrypted 'smart cards', used to verify a party's identity so as to certify contracts that are agreed to over the Internet. . . .  keep reading
Automatic Lease Extensions Not So Automatic
By Ann Morales Olazábal, MBA, JD
Credit and the Law: The Situation Radiologists Sander Derrickson and Paulina Smith were partners in a medical practice known as Suffolk Open MRI. In February 1996, the practice entered into . . .  keep reading
Where Should They Sign That Guaranty? The Doctrine of Incorporation by Reference
By Ann Morales Olazábal, MBA, JD
Credit and the Law: The Situation Hillock Furniture Company sold furniture on open account to James B. Chatsworth Distributing, Inc. ("JBC"). The business relationship between JBC and H . . .  keep reading
Fraudulent Conveyance of Assets?
By Ann Morales Olazábal, MBA, JD
Credit and the Law: The Situation In late 2002, Zudwick Industries, a large food supplier, extended credit to Jamestown Grocery, a thriving local purveyor of gourmet provisions and prepa . . .  keep reading
Change of Business Conditions or Breach of Contract?
By Ann Morales Olazábal, MBA, JD
Transom Inc. manufactures patented self- adjusting, locking pliers sold under the name JawMaster. Stedley-King Corp. (SKC) is a British company that specializes in the sale and distribution of hand an . . .  keep reading
Credit & the Law: Force Majeure Clauses - What Are They and What Are Your Rights?
You've completed the job in accordance with the specifications, but your customer refuses to take delivery or pay for it. He cites the force majeure clause in the contract. What's he talking about, and what are your rights? . . .  keep reading
What's in a Name? Financing Statements Revisited
By Ann Morales Olazábal, MBA, JD
Credit and the Law: The Situation Van Goff Industries sold a plastic injection molding machine to Wyte Technical Molding at a price of more than $300,000. Wyte granted, and Van Goff perfect . . .  keep reading

Landlords' Liens Can Spell Trouble for Trade Creditors
By Ann M. Olazábal
Quadtech leases its office space from RealCorp. Like many firms, from time to time Quadtech also leases business equipment or purchases it on credit, agreeing to a lien on the equipment until the purc . . .  keep reading
Did You Receive Payments Just Prior to a Debtor's Bankruptcy Filing?
By Ann Morales Olazábal, MBA, JD
As of January 2007, Sonic, an Internet seller of electronics, owed G&P Enterprises, a manufacturer of corrugated cardboard and other paper products, over $139,000, representing unsatisfied invoices. . . .  keep reading
Successor Liability After an Asset Purchase
By Ann Morales Olazábal, MBA, JD
In late 2005, family-owned Grubb Industrial sold two commercial food freeze dryers to Dreskin Meat Products. The sales agreement between Grubb and Dreskin stipulated that the two freeze dryers would c . . .  keep reading
Establishing a Track Record To Support an "Ordinary Course" Preference Defense
By Richard C. Macias
Pioneering female racecar driver and distinguished racing journalist Denise McCluggage is credited with observing: "Change is the only constant. Hanging on is the only sin." Whatever special meaning h . . .  keep reading
Contracting by Voicemail, Email & Fax: Can this contract stand up in court?
By Ann Morales Olazábal, MBA, JD
B&B Restaurant Supply received an order from Trinity Garden Hotel for glassware Trinity needed for a large renovation project. Trinity's General Manager Jim Cruz had received quotes from several suppl . . .  keep reading
When Is a Contract Governed by the Uniform Commercial Code? Why Is That Important?
By Ann Morales Olazábal
Credit and the Law: The Situation BronzeTech operates a foundry that fabricates all sorts of metal alloy parts, fittings, and structural features. It also provides a rough casting service. . . .  keep reading
Spousal Guarantees: Be Careful What You Ask For
By David D. Farrell, Esq.
Spousal Guarantees: Be Careful What You Ask For When extending credit to a closely held company, you-as a prudent credit manager-often may insist that an officer, director and/or shareholder of the company provide a personal guaranty. Because of the difficulty under the laws of many states in collecting an individual obligation from a married person, you may also be inclined to ask the spouse of the officer, director or shareholder to also sign the guaranty. By doing so, however, you may not only be jeopardizing your company's right to collect the amounts advanced under the line of credit but also exposing it to significant monetary liability. How can that be? . . .  keep reading
Bank Has Lien on A/R - Can It Grab A/R Proceeds Paid to Suppliers?
By Ann Morales Olazábal
Bank Has Lien on A/R - Can It Grab A/R Proceeds Paid to Suppliers? Palmrose, Inc., a cosmetics manufacturer, borrowed in excess of $400,000 dollars from Second Merchants' Bank. As collateral for repayment of the loan, Palmrose signed a security agreement, giving the Bank a lien on all of its accounts receivable. The Bank properly filed a financing statement perfecting the lien, and for the first two years, Palmrose had no difficulty with its debt service. Collection was aided by direct payments from Palmrose's account at Second Merchants'. In the third year of loan, however, Palmrose began to experience some difficulties. A number of its primary suppliers cancelled their credit arrangements and began demanding payment in advance for all deliveries. Palmrose began paying the bank intermittently. . . .  keep reading
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