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Recent Amendments Place Creditors in a Stronger Position to Defend Against Chapter 11 Bankruptcy Preference Lawsuits

Fraser

What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy. In reality, all kinds of creditors, including those who have valid defenses to preference claims, typically get sued regardless of their defenses.

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184 Burr & Forman Attorneys Named Among the 2022 Best Lawyers in America

Burr Forman

Mobile, Construction Law. Troy Smith – Jacksonville, Construction Law. Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy.

Lawyers 105
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As Chapter 11 Bankruptcy Filings Surge, Here’s What Creditors Need to Know to Protect and Enforce Their Rights

Fraser

Creditors of a bankrupt company must be aware of the various deadlines and procedures that govern the chapter 11 process in order to protect and enforce their rights. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding. The Petition Date. Proof-of-Claim Bar Date.

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Non-Income Producing Properties that Never Operated can be Single Asset Real Estate Under the Bankruptcy Code

ABI

ii] Consequently, the designation of a debtor as a SARE may have significant ramifications in a case. million construction loan from Evertrust Bank (“Evertrust”) to build a hotel. [v] v] Because Evertrust refused to fund $4 million on the loan, The Source Hotel halted construction. [vi]

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Update: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

PBWT

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. ” [ii] In December, the Supreme Court granted certiorari and on Thursday adopted the minority view. [i]

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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. A creditor with a claim must often take affirmative action by filing a “proof of claim” form in order to preserve and protect its rights to payment. What Happens if the Debtor Objects to My Claim?

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Burr & Forman Names 9 New Partners Across Georgia, Alabama, South Carolina and Florida

Burr Forman

Hanna Lahr practices in the firm’s Creditors’ Rights & Bankruptcy group. Hanna’s practice focuses on representing creditors and debtors, both in and out of court, to, among other things, enforce and/or restructure debt obligations, including through the bankruptcy process. Birmingham.