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home | Legal Issues | Legal Issues Archives

Legal Issues continued

Displaying Matches 47 thru 61 of 64 Found. BACK NEXT

CLLA Code of Ethics: Does Your Agency Comply?
The Commercial Collection Agency Association of the Commercial Law League of America (CLLA) is kind of the "Good Housekeeping" seal for the collection . . . keep reading

Canadian Reclamation: What 4 Conditions Must Be Met?
By Sheryl Seigel

The Facts of the Case: U.S. Appliances Co. ("Appliances") supplied goods to Maple Leaf Furniture Inc. ("Furniture"), which operated as a furniture and appliances retailer in Toronto, Ontario. On January 10, 1998, Furniture filed a Notice of Intention to Make a Proposal (Notice of Intention) under the Canadian Bankruptcy and Insolvency Act (BIA). On January 5, 1998, only five days earlier, Appliances had delivered to Furniture various appliances having a retail value of $250,000. . . . keep reading

Company Claims Buyer Not Authorized to Purchase & Refuse to Pay: Can They Get Away With That?
By Daren Brinkman
Have you ever had a situation in which a customer declined to pay for shipments because it claimed that the purchaser was not, in fact, authorized to . . . keep reading

10 Ways to Have a Positive Impact in a Bankruptcy Case: Part Two
By John Penn, Esq.

Lead, Follow or Get (Them) Out of the Way The Bankruptcy Code gives the debtor a "breathing spell" where only it can file a plan of reorganization. This breathing spell consists of a 120-day period, generally referred to as the debtor's "exclusivity period." While most creditors are aware that the exclusivity period can be extended by the court, some do not know that the court can also shorten or terminate the debtor's exclusivity period. The recent trend in case law is against the almost unlimited exclusivity that debtors enjoyed in the 1980s. . . . keep reading

10 Ways to Have a Positive Impact in a Bankruptcy Case - Part 1
By John Penn, Esq.

There are many ways to positively affect the outcome when your customer files bankruptcy. Here are 10 strategies and actions you can take to increase your recovery in those cases.
One: Lead, Follow, Or Get Out of the Way
A bankruptcy case provides creditors with far more avenues to control their destiny than they would have in other legal forums. In other types of litigation, the debtor fights its creditors one at a time; the debtor is rarely faced with the prospect of having to deal with all of its creditors as a united force. A debtor can also hide many shenanigans by . . . keep reading

Pitfalls for the Unwary Committee Member-- The Top Five Danger Zones
Sarah M. Stuppi

Serving as a member of a Chapter 11 creditors' committee can be one of the most rewarding and educational experiences in your career. In many Chapter 11 cases, an assertive committee is directly responsible for an increased recovery to unsecured creditors. However, certain actions can expose you to removal from the committee, subordination of your claim, or monetary damages for breach of fiduciary duty to unsecured creditors. In that regard, beware of the following five danger zones. . . . keep reading

Case Study: Purchasing Other Creditors' Claims to Kill a Bankruptcy Plan: A Strong-Arm Tactic or a Great Way to Get Paid?
David P. Leibowitz

The Facts of the Case Teachers held the first mortgage on an apartment building. Debtor's plan proposed to pay creditors only 80 percent on the dollar and to reduce the rate of interest payable on Teacher's first mortgage claim. Teachers didn't like this idea, so it purchased 21 of the 34 unsecured claims for 100 percent of their value. Then, it voted all of those claims against the debtor's plan to prevent an impaired class of creditors from accepting the plan. . . . keep reading

Litigation: 15 Ways to Control the Process (and Save Money)
Here are 15 valuable tips from Neil H. Butler, Esq. of the firm of Butler & Long on handling litigation and dealing with your attorneys. 1. Don't d . . . keep reading

Limited Liability Companies Require Special Credit Attention
By Lynnette R. Warman

Many credit managers are concerned by the increasing use of the limited liability company form of business. Typical concerns include the lack of information about how a limited liability company operates and the identity of the people involved in the limited liability company. A limited liability company (LLC) operates in much the same way as any other business. However, there are some special aspects of an LLC which are different from other businesses and important to the extension of credit. . . . keep reading

Top 10 signs of Impending Bankruptcy
By David P. Leibowitz
The economy has been excellent. Inflation has been low. Credit has been plentiful. Bankruptcy filings have decreased. But there are warning signs. Inv . . . keep reading

Liens: No Substitute For A Signed Agreement?
By Scott Blakeley

The Facts of the Case - In the case of CFLC, Inc., the vendor provided freight forwarding services to the debtor. The services included ocean shipping and customs brokerage. The vendor billed the debtor on its regular invoices, which were issued one at a time to correspond with each shipment. The vendor sent the debtor approximately 330 invoices, each preprinted with identical terms. The back sides of the invoice listed the "Terms and Conditions of Service" which contained a section regarding a general lien on property. . . . keep reading

Four Steps to Minimize the Risks and Rewards of Selling To a Debtor-in-Possession
Question: My company is sales-driven, and I'm being pressured by top management to sell to debtors-in-possession in Chapter 11 bankruptcy. I know that . . . keep reading

Why Should Alternative Dispute Resolution Be a Part of Your Arsenal? Because It Could Save You Big Bucks
By James H. Hopkins
When one of your customers does not pay in a timely manner or does not pay at all, there are alternatives to litigation that you can turn to in order . . . keep reading

When You're Talking About Collection Agencies, a Rose by Any Other Name Is Still a Rose
Emil Hartleb

Recently I received a call from a young man, who stated he represented a dot com company which had a new and innovative idea for helping businesses manage their accounts receivable. He said that their business was "sorta like a collection agency." He went on to indicate that his company was a "collection consolidator." . . . keep reading

Understanding the Legal Process in Collections
By Ron Bartunek, CPA, CCE
Anyone new to the collection function is often mystified and frustrated by the legal process. Top management's declaration of "Sue the b_ _ _ _ _ _s" . . . keep reading

Displaying Matches 47 thru 61 of 64 Found BACK NEXT

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