article thumbnail

What Should Construction Contractors Do When a Property Owner Files For Bankruptcy?

Jimerson Firm

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. What Happens When a Property Owner Files for Bankruptcy? The Impact of Bankruptcy on the Construction Contract.

article thumbnail

Five Key Provisions Construction Material Suppliers Should Include in Customer Credit Agreements

Jimerson Firm

Material suppliers in the construction industry will often need to extend credit to their contractor and subcontractor customers due to the payment cycle on construction projects that can often run 30 days, 60 days or even longer. Termination The credit agreement should address the term of the agreement, and how it can be terminated.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Automatic Stay is not Extended to Enjoin Arbitration Between Non-Debtors, Even Where Debtor’s Actions are the Subject of the Arbitration

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff In Ferrandino & Son, Inc. Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay.

Debtor 40
article thumbnail

Fifth Circuit: District Court Improperly Referred Bankruptcy Appeal To Magistrate Judge For Final Determination

Collection Industry News

Federal district courts, with the consent of the parties, are authorized by statute to refer “civil matter[s]” to magistrate judges for the purpose of conducting all proceedings and entering a judgment in the litigation. Bankruptcy Court Jurisdiction Article III, Section 1 of the U.S. 152—and their salaries are subject to diminution.

article thumbnail

Filing a Proof of Claim in Bankruptcy: What You Need to Know

Fraser

When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. By When Must You File a Claim?

article thumbnail

Delaware Bankruptcy Court Teaches Important Lesson on Timely Lien Perfection

PBWT

Bankruptcy Judge Karen B. Ruling on plaintiff-debtor Southland Royalty Company LLC’s motion for partial summary judgment, Judge Owens found that Halliburton did not obtain a lien on Southland’s production of oil, natural gas, or their proceeds. Perfect your liens on time or you may lose them. in her recent decision.

article thumbnail

Mere Retention of Property of the Estate Does Not Violate the Automatic Stay

Consumer Financial Services Law

Background The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The case, City of Chicago v. Fulton, No. Fulton, No. 11 U.S.C. §