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Chapter 11

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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Pre-bankruptcy planning in New York and the continuing foreclosure crisis and economic recession

Grim economic news continues to pour forth. CBS News’ website has an articled titled “The Coming Foreclosure and Commercial Real Estate Storms.”  You thought we were already in the middle of the foreclosure crisis?  Well apparently there’s more to come. From the banks’ point of view, the longer they keep you on the hook, the …

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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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My connection to the Top 10 Celebrity Bankruptcies of the Decade

I don’t usually re-post directly from other blogs.  But I just came across a “Top 10 Celebrity Bankruptcies of the Decade” list on the TotalBankruptcy blog, and, in addition to being a good piece of research as well as a good read, I noticed that I’ve represented one of celebrities who made the list. So …

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Brooklyn Bankruptcy Update 12-22-09

Time to take a look at recent bankruptcy news in Brooklyn. Brooklyn Money Manager Indicted in 30-Year Ponzi Scheme (Wall Street Journal Online) – Bay Ridge, Brooklyn-based money manager Philip Barry–aka the “Brooklyn Madoff”–was charged with securities fraud and 20 counts of mail fraud earlier this week. Star of Real Estate Boom is Confronting Hard …

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Preference Actions: What is the “New Value” 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. In subsequent posts …

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