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Chapter 11 Bankruptcy

Lenny Dykstra Chapter 11 bankruptcy anti-case study continues

The Lenny Dykstra bankruptcy drama continues. When we last checked in, Dykstra was demonstrating what not to do in an individual Chapter 11 bankruptcy by trashing his mansion and allowing it to fall into disrepair in various ways.  Essentially he was throwing away value that could’ve been used toward paying back creditors in an effort …

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Strategic small business bankruptcy: Sid’s Hardware uses Chapter 11 to end lease

Filing for bankruptcy, especially Chapter 11, doesn’t necessarily mean you’re broke or that your business failing.  Sometimes it’s part of a larger strategy to get out of a tight situation. In the case of Sid’s Hardware Store on 345 Jay Street in Metrotech, the business was viable but the lease was too expensive to enable …

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Attorney Bruce Weiner to teach Small Business Bankruptcy for March 3 Practicing Law Institute (PLI) seminar on Consumer and Small Business Bankruptcy 2010

Just a quick post to let readers know that I will be teaching the “Small Business Bankruptcy“ portion of the March 3 “Consumer and Small Business Bankruptcy 2010“ seminar at the Practicing Law Institute (PLI) in New York City. Here are the topics I’ll be covering: Small Business Bankruptcy Eligibility for filing as a small …

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Fraudulent transfer claims increase. What’s the impact on New Yorkers and New York business owners?

There’s a new study out titled “Risky Business: Financial Firms Face Wave of Fraudulent Transfer Claims“ by Navigant Consulting and The Economist Intelligence Unit. The gist of it is that debtors, trustees and creditors committees are increasingly pursuing “fraudulent transfer” (aka “fraudulent conveyance“) claims (i.e., attempts to recover improper payments) in the wake of the …

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Having trouble selling your home? Don’t do a Lenny Dykstra.

There’s a good post today titled “Dykstra Mansion on the Market for $14.9 Million” on the WSJ’s Bankruptcy Beat. A couple points worth noting about Dykstra’s approach to home care for a property he originally tried to sell for $25 million: “The home was littered throughout with empty beer bottles, trash, dog feces and urine …

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Bernie Kosar bankruptcy offers lessons for average Americans facing bankruptcy

Foreclosure.  Divorce.  Child support.  Business debts.  Bad investments. The same things that led Bernie Kosar to need bankruptcy protection–first under Chapter 11 reorganization and then via a conversion to Chapter 7 liquidation–are what cause many other Americans to file for bankruptcy as well. Yet despite the number of bankruptcies filed by celebrities and other high …

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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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