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Home | Bankruptcy Issues Search 
CreditPoint Software
Bankruptcy Resources For Credit Managers

Here we've compiled a resource center on bankruptcy issues for trade credit managers - everything you'll need to know to face that unfortunate occurrence.

Why I Declined to Serve on a Creditor's Committee
By Michael Dennis
To my surprise a few years ago, I was recently invited to a consider joining a Creditors' Committee in a Chapter 11 bankruptcy. Along with the invitation, The United States Trustee in thc case sent al . . . keep reading
Is our letter of credit at risk due to the IRS claim against our customer?
July 15, 2010
We just received a Notice of Levy for a substantial amount from the IRS for one of our marginal distributors. Apparently, he owes the IRS the money for payroll taxes. We happen to hold an Irrevocable Letter of Credit as collateral for the full amount of what this distributor owes us. Does anyone have an opinion on whether our Letter of Credit is at risk due to the IRS claim? The IRS claim is for approximately a quarter of our LOC. . . . keep reading
Defending Against Bankruptcy Losses
Not many customers of Pennsylvania House Furniture Inc. (Greensboro, N.C.) go bankrupt, but those that do can hit the company very hard. "If it's a big customer, there can be a potential bad debt o . . . keep reading
Bankruptcy and the Fair Debt Collection Practices Act
Illinois resident Deborah Wagner received a discharge of her debts, including her home mortgage obligation, in a Chapter 7 Bankruptcy proceeding in 1997. Thereafter, the mortgage and promissory note . . . keep reading
Security Interests In and Transfer of "Proceeds" Outside the Ordinary Course of Business
Ann Morales Olazábal
Fenester, Inc., a manufacturer of aluminum shutters, borrowed in excess of $300,000 dollars from First Bank. As collateral for the loan, Fenester signed a security agreement, giving First Bank a lie . . . keep reading
New Decision Bars Debtor's Choice of Counsel Despite the Retention of Conflicts Counsel
By Sharon L. Levine, Esq. and Wojciech Jung, Esq.
In a recent decision in the Chapter 11 case of Project Orange Associates, LLC1, the court confronted an important issue that often arises in bankruptcy cases: whether the use of conflicts couns . . . keep reading
Sureties and Lienholders
Under a contract signed in April, 1998, Wellington Construction agreed to build an office complex on property owner by Fulton Partners for $1,109,000. The work was to be substantially completed by Jul . . . keep reading
Bankruptcy Law and the Definition of "Conspicuous"
"Your lease agreement violates my rights," announced Stan Dregin. "I demand the right to rescind my agreement with you." "You can't get out of this lease now," claimed Carmine Hunt of Town Motor Le . . . keep reading
Lenders Beware: The Threat of Equitable Subordination in Bankruptcy Cases
May 20, 2010, By Lisa P. Sumner & Jill C. Walters
Lenders Beware: The Threat of Equitable Subordination in Bankruptcy Cases Desperate times call for desperate measures, so in the next few years lenders are likely to see more threats by debtors, bankruptcy trustees or competing creditors to subordinate their claims. Section 510(c) of the Bankruptcy Code grants the bankruptcy courts authority to relegate certain creditors' claims to the 'bottom of the barrel' in terms of priority of payment under the "equitable subordination" doctrine. However, exactly what constitutes sufficient grounds for equitable subordination in a particular case remains the subject of much dispute. This uncertainty, combined with the potential for a . . . keep reading
Does This Constitute a Sale on Approval?
Congress Cabinets, Inc., a manufacturer of cabinets and other wood products, entered into an agreement with its primary supplier of wood products, James Fine Woods, for the delivery of three shipments . . . keep reading
New Decision Distinguishing Excusable Neglect In Filing Proofs of Claim After the Bar Date; Denying Leave to File Late Claims
By: Sharon L. Levine, Esq.; S. Jason Teele, Esq.;
New Decision Distinguishing Excusable Neglect In Filing Proofs of Claim After the Bar Date; Denying Leave to File Late Claims In a recent decision, the United States Bankruptcy Court for the Southern District of New York distinguished excusable neglect in filing a claim before the expiration of a clear bar date. In a written opinion issued on May 20, 2010 in the case of In re Lehman Brothers Holdings, Inc., et. Al, Case No. 08-13555 (JMP), Judge Peck denied seven motions for leave to file late claims finding none satisfied the Second Circuit's strict standard to find excusable neglect. . . . keep reading
Preferences in Bankruptcy
In 1993, Savan Corporation financed the sale of three CASA 200-212 airplanes to London, Ltd., evidenced by three promissory notes and security agreements. Each note was in the principal amount of $1,8 . . . keep reading
The Legal and Practical Consequences of Title
The Story: From its sloppily maintained plant to the seamy reputation of its management, Super Chief Distributors was not the sort of supplier Purchasing Manager Tom Riley of Central Manufacturing wou . . . keep reading
Creditors Right to Examine Debtor
Here's a case study that looks at the question of whether or not a creditor can go to the first meeting of creditors without a lawyer to ask questions without a lawyer. Does questioning of a debtor by a non-lawyer employee of a corporate creditor constitute the unauthorized practice of law? Find out here! . . . keep reading
Prior to Bankruptcy we had received a Purchase Order authorizing us to bill for an "extended" parts warranty contract. Now what?
April 15, 2010
Prior to Bankruptcy we had received a Purchase Order authorizing us to bill for an "extended" (beyond the normal warranty period) parts warranty contract. We did bill the debtor for the extended warranty contract, prior to their Bankruptcy. Due the Bankruptcy which occurred later, we never did get payment covering the intended future extended warranty contract. If I am not mistaken, since this involves a future liability (service, repair or replacement) and since we never did get payment for this extended "insurance", we do have to honor this. I would appreciate some feedback from our membership. . . . keep reading
Joint Check Agreements
By James D. Fullerton, Esq.
Joint Check Agreements A common credit management devise is the joint check agreement. This requires the consent of more than one player on the construction project. The creditor supplier needs the consent of not only of the debtor customer, but also the customer's buyer (normally the general contractor). An owner or general contractor needs the consent of the debtor customer, but may also want agreements or waivers from the creditor supplier. The next important thing to understand about joint check agreements is that they vary tremendously in how they are worded. There is no such thing as a "standard" joint check agreement. You do not know what rights it gives you until you see it. . . . keep reading
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