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Chapter 11

Preference Actions: What is the “contemporaneous exchange” 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 a subsequent …

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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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Defenses to Preference Actions – Part 1

In previous posts on this site (What is a Preference?  And why should you care? and Preference Actions:  How to Defend Against Them), I’ve addressed the topic of preference actions (also commonly referred to as preference lawsuits). If you read those two posts, then you know that, from a creditor’s perspective: Preference actions seem unfair …

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Bankruptcy Bill and fantasy football…er, bankruptcy

Bankruptcy Bill reveals how big firm bankruptcy lawyers employ the fantasy football concept for their own entertainment. Note: This cartoon is posted on NYBankruptcyNet with permission from the creators of  Bankruptcy Bill. Click here to see larger version of image. Go to Bankruptcy Attorney Brooklyn NY to learn more about Rosenberg Musso & Weiner LLP and/or to …

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Lenny liquidated in 11?

You may have seen recent reports that Lenny Dykstra’s World Series ring was sold at auction to a Queens man for $56,000. And if you’ve been following the travails of Lenny Dykstra, or you’ve been reading previous posts on this blog (e.g., “Why Did Lenny Dykstra File for Chapter 11?” or “Dykstra Learns More About …

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Annie Leibovitz avoids mandatory credit counseling in New York

ABC News reports that Annie Leibovitz reached an agreement with her creditors that, at least for now, staves off the need for a bankruptcy filing. What if Annie Leibovitz had filed for bankruptcy in New York? Would she have to go through mandatory credit counseling (cost:  $50) as required by the 2005 Bankruptcy Abuse Prevention …

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Lenny Dykstra learns more about Chapter 11 as trustee appointed in the case

Previously, I posted about Lenny Dykstra and why someone like him would file for Chapter 11, which is more typically used for business bankruptcies, rather than Chapter 7 or Chapter 13 which are for individual bankruptcies. Regardless of whether it was the right path strategically speaking, things don’t seem to be going so well for …

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Who Are Your New York Chapter 13 Trustees?

A lot of New York readers may not know who their own Congressional representatives are in Washington, D.C.  And perhaps as few know the state legislator from their district.  But I’m willing to bet that almost no readers know who the Chapter 13 trustees are for their district in New York.  So I’ve listed them …

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What will happen at my 341 meeting of creditors in New York?

It’s very common for clients filing for personal bankruptcy to worry about the 341 Meeting of Creditors.  It’s the first “event” in a bankruptcy case and the first time for most clients to actually go to court.  (Though it’s usually the only time the client needs to go to court in a bankruptcy case.) A …

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