Section Newsletter Articles on Bankruptcy

Bankruptcy ruling impacts agriculture By James R. Grebe Agricultural Law, February 2009 On October 31, 2008, Verasun Energy Corporation, et al., Debtors, filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code), with the U.S. Bankruptcy Court, Delaware District, as Case No. 088-12606 (BLS). Verasun Energy Corporation and related entities engage in the business of producing ethanol.
Insurance coverage for bankruptcy claims By Raymond T. Reott and Becky J. Schanz Commercial Banking, Collections, and Bankruptcy, April 2008 When a company is in bankruptcy, the rules for pursuing environmental claims often drive governmental agencies and other parties to assert claims against the bankrupt entity.
Impact of bankruptcy on a real estate lease By Konstantinos Armiros Commercial Banking, Collections, and Bankruptcy, November 2007 In a bankruptcy setting, the conventionally held notion that a commercial real estate lease is an asset is amplified in order to protect that asset from disappearing.
Cancellation of debt & Section 108 By Gregory A. Zbylut Federal Taxation, October 2007 In recent years, with interest rates at their lowest levels and banks seemingly giving away mortgages, owning one’s own home never seemed easier.
Transfer of marital residence found fraudulent by Bankruptcy Court By Matthew G. Shaw Family Law, April 2007 Most family law practitioners experience the dissolution case that is fraught with financial problems.
The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage Elder Law, February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.
Financial planning for retirement plan assets under the new Bankruptcy Code By James A. Nepple Business Advice and Financial Planning, January 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPA”) is effective beginning October 17, 2005.
Bankruptcy 2005: New landscape for preference proceedings By Kevin C. Driscoll, Jr. Commercial Banking, Collections, and Bankruptcy, December 2005 Though largely noted for its reform of consumer bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (New Code) makes notable changes to non-consumer bankruptcy law.
Seventh Circuit caselaw update By Sumner A. Bourne Commercial Banking, Collections, and Bankruptcy, May 2004 In re Crawford, 324 F.3d 539 (7th Cir. 4/1/03): Debtor filed a Chapter 13 plan that sought to pay one unsecured debt faster than other unsecured debts, and classified one non-dischargeable debt for full payment.
Filing a proof claim in a bankruptcy case By Sumner A. Bourne Young Lawyers Division, June 2002 The first task in completing the claim form is to make sure that you have the correct entity entered in the name box of the claim form.