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The ever-changing world of bankruptcy caselaw.(Cover story)
AS THE MAIN FOCUS OF MOST CREDIT executives is upon the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), one must still remember that a great deal of caselaw is being generated from those bankruptcy cases in existence prior to October 17, 2005 (the general effective date of the BAPCPA). This article will discuss some of the areas of interest, mixing the old with the new, separated by topics.
Preferences
In re SGM Acquisition Co., February 2006--This case will remain meaningful whether a creditor is defending a preference under the pre-BAPCPA statute or under the BAPCPA. The Bankruptcy Court ruled against the creditor in this instance and ...
- Beware of the 91- or 92-day preference period: the Preference Zone expands....
- Magazine article from: Business Credit Nathan, Bruce S. January 1, 1999 700+ words
...extend the 90-day preference period a few extra days...expand the 90-day preference period to 91, 92 or even...The United States Bankruptcy Court for the Northern...expanded the 90-day preference period to 91 days. Yes...
- A standby letter of credit payment within the preference period is not a...
- Magazine article from: Business Credit Nathan, Bruce S. June 1, 2005 700+ words
...letter of credit during the 90-day preference period is recoverable as a preference. A...case pending in the United States Bankruptcy Court for the Western District of Pennsylvania...s lease with the landlord. The Bankruptcy Court held the payment was not a preference...
- A 'preference' you'd prefer to avoid: steps to prevent being caught up in a...
- Magazine article from: New Hampshire Business Review Foster, Joseph A. December 5, 2008 700+ words
...legal counsel to defend you in a bankruptcy court that may be anywhere in the United...acceptable when it is limited to the preference period. For small commercial accounts...aggregate payment received in the preference period is less than $5,000. If the debt...
- U.S. Bankruptcy Court, Western District of N.Y. Case Summaries: September 8,...
- Newspaper article from: Daily Record (Rochester, NY) September 8, 2009 700+ words
U.S. Bankruptcy Court, Western District of N.Y. Bankruptcy Preferences -- Insiders...11 U.S.C. [section]101(31), so that the applicable preference period is extended to include the entire year prior to the filing of...
- Kaneb Pipe Line Partners Announces Quarterly Cash Distribution and End of...
- Press release article from: PR Newswire July 9, 1998 700+ words
...payment of this quarter's cash distribution will end the preference period that began when the Partnership was formed in 1989. All...Preference Units and Common Units will disappear when the preference period ends and all limited partner units will automatically become...
- HUNTWAY PARTNERS L.P. ANNOUNCES EXPIRATION OF PREFERENCE PERIOD
- Press release article from: PR Newswire December 30, 1993 700+ words
...Calif., Dec. 30 /PRNewswire/ -- Huntway Partners L.P. (NYSE: HWY) ("Huntway") announced today that the preference period for its Preference Units will terminate on Dec. 31, 1993 (midnight) pursuant to Huntway's Amended and Restated Agreement...
- Kaneb Pipeline Partners Announces Payment of Quarterly Cash Distribution and...
- Press release article from: PR Newswire August 14, 1998 700+ words
...units that has met or exceeded the quarterly minimum stated in our Partnership Agreement, and thus ends the specified Preference Period. We are pleased that from now on, all unit holders will share equally in the success of Partnership operations." Kaneb...
- Deprizio revisited: avoiding the extended preference period.
- Magazine article from: Business Credit Teigen, Pamela J. Fagel, Allen J. March 1, 1992 700+ words
Because of a previously "overlooked" section in the U.S. Bankruptcy Code (11 U.S.C., section 547 (b)(1)) and the recent "literal" application of this section in a U.S. Court of Appeals case, the aggressive credit professional is being penalized in a way never before encountered. Many creditors are
Source: HighBeam Research, The ever-changing world of bankruptcy caselaw.(Cover story)