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What Are Preferential Payments in Bankruptcy?

Sawin & Shea

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.

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Decoding Chapter 12 Bankruptcy: Navigating the 20-Year Treasury Bond Rate vs. National Prime Rate Dilemma in Determining Discount Rates on Secured Creditor Claims

ABI

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

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Section 1126 of the Bankruptcy Code and the Dangers of Sleeping on Your Rights as a Creditor

PBWT

A seat at the table: this is what you likely want when your financial interests are drawn into a bankruptcy court proceeding. This is especially true if you’re a creditor in a chapter 11 case. filed for bankruptcy under chapter 11, subchapter V of title 11 of the Bankruptcy Code. In re Fred Bressler , No.

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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

It should come as no surprise, therefore, that the economic downturn has led to a surge in corporate bankruptcy filings. According to data from Epiq Global, 722 companies sought bankruptcy protection around the U.S. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

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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. See 11 U.S.C. §

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Another Bankruptcy Court Weighs in on Postpetition Interest

PBWT

Cuker Interactive, LLC filed a Chapter 11 bankruptcy petition on December 13, 2018, in the United States Bankruptcy Court for the Southern District of California. 1998), wherein a Bankruptcy Appellate Panel likewise held that solvent debtors must pay postpetition interest to unsecured creditors at the federal judgment rate. [8]

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Crypto Exchange Platforms Grapple with Consequence of Filing Bankruptcy

PBWT

When a firm files for bankruptcy, SIPC provides insurance coverage that will help replace or restore the customers’ cash and investments. Should a firm file for bankruptcy, customers’ investments held in custodial wallets might be considered property of the bankrupt company.