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Business Bankruptcy

“Healthcare” approach to banking may help reduce bankruptcy filings in the future

There is often talk about how to reduce bankruptcy filings. The credit industry’s oh-so-caring approach was to make it harder to file for bankruptcy by adding various speed bumps and obstacles to the 2005 Bankruptcy Law (aka BAPCPA).  That was a very reactionary, not to mention sloppy, approach that was really intended to serve the …

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Preference Actions: What is the “Ordinary Course of Business” Defense?

In a previous post (“Defenses to Preference Actions – Part I“), I explained that there are three common defenses to preference actions (also often called “preference lawsuits”) that you can use if you’ve received a demand letter from a bankruptcy trustee, from counsel to a Debtor-In-Possession or counsel to a creditors committee. The first one …

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