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When Can Creditors Assert Preference Claims in Business Bankruptcy Cases?

By Edelboim Lieberman Revah |

During business bankruptcy proceedings, it is important that creditors protect their rights by all means available. While this will involve asserting defenses to discharge in some cases, these defenses won’t always be available. When creditors cannot protect their claims entirely, they must focus their efforts on ensuring that they are able to collect as… Read More »

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Bringing a Claim for Non-Dischargeability in a Business Bankruptcy

By Edelboim Lieberman Revah |

Protecting a creditor’s right to payment during a business bankruptcy often involves filing a claim for non-dischargeability. Claims for dischargeability can focus on protecting an individual claim, or, in some cases, they can focus on preventing the business debtor’s discharge entirely. In both scenarios, creditors bringing claims for non-dischargeability must follow a specific set… Read More »

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Defending Against the Discharge of Claims in Bankruptcy

By Edelboim Lieberman Revah |

The bankruptcy process can present significant risks for creditors. Even in Chapter 11 proceedings in which corporate debtors reorganize their debts, creditors can still end up collecting just a fraction of the funds they are rightfully owed. As a result, when a debtor files for bankruptcy, its creditors must work with their counsel to… Read More »

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10 Key Lease Terms in Commercial Landlord-Tenant Disputes

By Edelboim Lieberman Revah |

In a recent article, we discussed seven common issues in commercial lease litigation. In that article, we discussed issues like non-payment of rent and efforts to terminate that frequently lead to disputes between lessors and lessees. While there are many different types of commercial lease disputes, disputes between landlords and tenants will often implicate… Read More »

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Are There Any Drawbacks to Filing a Business Bankruptcy Under Chapter 11?

By Edelboim Lieberman Revah |

While reorganizing a business’ debts under Chapter 11 affords significant benefits in the right circumstances, company executives who are considering business bankruptcy filings need to assess the drawbacks as well. Although the benefits of filing will often outweigh the drawbacks, this is not always the case, and executives need to make the right decisions… Read More »

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Understanding the Terminology in Your Commercial Lease

By Edelboim Lieberman Revah |

When entering into a commercial lease, it is critical to make informed decisions. This starts with understanding the terminology involved. Like all contracts, commercial leases incorporate a lot of legal terminology. But, these contracts include terms that are unique to the commercial leasing relationship as well—and this is among the reasons why it is… Read More »

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When Can the Bankruptcy Court Order a Revocation of Discharge Under Chapter 11?

By Edelboim Lieberman Revah |

When a company files for bankruptcy under Chapter 11, the primary goal is to achieve a final, legally-binding resolution that allows the company to move forward with a reorganized debt load that it can effectively manage while still focusing on growing its operations and maximizing its long-term profitability. While this is the ultimate outcome… Read More »

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7 Common Issues in Commercial Lease Litigation

By Edelboim Lieberman Revah |

The commercial leasing relationship presents legal and financial risks for both parties. While most commercial leases will run their course without significant strife, in some cases these risks will manifest in the form of litigation. Commercial lease litigation (and alternative dispute resolution (ADR) mandated under commercial lease agreements) can involve a variety of issues…. Read More »

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Understanding the Terminology In Chapter 11 Bankruptcy Cases

By Edelboim Lieberman Revah |

Effectively pursuing Chapter 11 and maximizing the benefits of the bankruptcy process requires informed and strategic decision-making. The bankruptcy process is exceedingly complex, and while financially distressed companies have multiple options available under Chapter 11, simply identifying and understanding these options can prove challenging for those who are unfamiliar with the basic terminology involved…. Read More »

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Claims for Non-Dischargeability in Business Bankruptcy Cases Under Section 727

By Edelboim Lieberman Revah |

When preparing to file for bankruptcy under Chapter 7 or 11, business owners must carefully assess their risk of facing claims for non-dischargeability. This includes not only claims for non-dischargeability of individual debts but also claims for non-dischargeability in the entirety. Both creditors and trustees can object to discharge during the bankruptcy process. While… Read More »

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