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Business Owners Beware: The Big Bad Bankruptcy Trustee May Come After Your Business for Fraudulent Transfers (Part I)

USA - April 11 2016 Your business receives payment for goods or services that your business provided to a customer ("XYZ Inc."). Your business is paid from the…

False advertising claims may be barred by laches

USA - October 20 2015 Your business has been advertising that your product “beats the competition” and has “better ingredients than the competition” for ten years. In year…

Commercial landlords and tenants beware: the failure to properly terminate a lease pre-petition can lead to unexpected results

USA - March 26 2015 A commercial landlord's failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and…

Not so fast: a recent Florida case highlights the import of acceleration provisions in chapter 11 bankruptcy plans of reorganization

USA - December 30 2014 When a chapter 11 plan of reorganization contains no provision that allows for the full debt to be collected in the event of a debtor's nonpayment…

How low can you go? A recent case demonstrates how low interest rates can go in a chapter 11 plan

USA - December 11 2014 In large chapter 11 cases, millions of dollars often hinge on the appropriate interest rate. Chapter 11 debtors may not require impaired secured…