May 2014

Selection of Counsel Disputes Between Insureds and Insurance Company

Most businesses know that one of the first things it should do when it is sued, is to forward a copy of the petition or complaint to all potential insurers to put the insurance company on notice of the claim. The next question is who has the right to select counsel to represent the insured/company. …

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Bankruptcy Court’s Equitable Powers Not Unlimited

Lest we forget, the U.S. Supreme Court recently reminds us that Bankruptcy Courts, unlike other federal courts, are courts of equity and law; however, while bankruptcy judges have a great deal of discretion to carry out the philosophy and purpose of the Bankruptcy Code, that power is constrained. In Law v. Siegel, the Supreme Court …

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Responding to Preference Demand Letters- a Primer

A debtor’s bankruptcy is never a good thing (usually it means little or no payments on the debt will be forthcoming). Even greater insult to this injury is to receive a demand letter from a chapter 7 Trustee asking that you return funds paid to you by the account debtor in the days or months …

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