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July 2011

Location May Make A Difference

We have all heard the phrase “location, location, location”.  Well, according to a July 18, 2011 article in the Wall Street Journal the location of your pending lawsuit could make a difference in the outcome of consumer debt collections. http://online.wsj.com/article/SB10001424052702303365804576433763597389214.html Consumer debt is different from commercial debt but many of the same type issues arise.  Most of our cases are commercial or business debt recovery where we represent the business …Read More

Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

Creditors should be aware that there are contexts in which payment can be exacted from a debtor without fear that the transfer will be avoidable at some future date.

−Preferential Transfers in Bankruptcy: How to Minimize the Preference Risk

For suppliers of goods and services, nothing may be more unsettling than discovering that a customer has filed for bankruptcy. To add insult to injury, there is a risk that any recently received payment or settlement might be recaptured by the bankruptcy trustee as a preferential transfer or “preference.” The first thing to remember if you receive a letter from the bankruptcy trustee requesting money to be returned to the …Read More