This article reviews a sequence of facts stemming from an SEC investigation into an initial defendant whose assets included leases on oil and gas fields. One of the parties with claims to the initial defendant's assets was assigned certain...
When can an entrepreneur's personal credit suffer because of a failed venture? This article details some of the mistakes entrepreneurs and small business owners commonly make to put themselves in such a situation and explains why the "outs"...
This article continues a series analyzing the utility and risks of series LLCs, a relatively new form of entity. This particular article continues analyzing how series LLCs might be treated in bankruptcy (since their legal treatment at that...
This article reviews a recent New Jersey case of first impression in which an appellate court determined that a bank acquiring title to property at a foreclosure sale was not liable for fire code penalties stemming from the previous owner's...
This article continues a series analyzing the utility and risks of series LLCs, a relatively new form of entity. This particular article continues an analysis of one prominent risk of this entity (how courts will treat the various series...
This article continues a series looking at the rise of Series LLCs, a variant on common LLCs, as well as the risks accompanying the use of these business entities. This particular article focuses on one of the risks of operating within a Series...
This article writes about a national problem with implications for bankruptcy law--specifically, what should the American government do about underwater mortgages? This article examines both sides of the most recent debate on the issue of...
This article addresses a case where a Bankruptcy Court recently had to determine whether a docket entry and an e-mail from a debtor to a creditor represented sufficient notice of that debtor's bankruptcy. The article delves into the court's...
Students of Bankruptcy Law and experienced practitioners before Bankruptcy Courts know that Bankruptcy Courts are vested with equitable powers under the Bankruptcy Code. This article reviews a bankruptcy case in Tennessee involving a flooded...
This article reviews a recent case before Bankruptcy Court involving a creditor objecting to the discharge of money owed him by a debtor in bankruptcy. The article examines the elements which the creditor would have to prove for both of his...