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Payment Pressure Can Be Hazardous to Your Ordinary Course of Business Preference Defense

Posted on Educationby David Johnston

This article originally appeared in Business Credit magazine, a publication of the National Association of Credit Management. Trade creditors should take notice when any United States Court of Appeals rules on the applicability of a preference defense. Well, the United States Court of Appeals for the Third Circuit is no exception, particularly because the United […]

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Don’t Get Stuck in Chapter 11 When a Sales Contract is Deemed an Executory Contract

Posted on Newsby David Johnston

Written by David Conaway A Rose by Another Name has its Thorns: Don’t Get Stuck in Chapter 11 When a Sales Contract is Deemed an Executory Contract Companies sell goods or provide services to customers usually on two bases:(1) purchase orders and invoices with references to terms and conditions, or (2) a written sales or […]

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Traditional Collection Agency Vs. Member-Owned Collections Services

Posted on Collectionsby David Johnston

Traditional Collection Agency Vs. Member-Owned Collections What do Neimen Marcus, Stein Mart, and JCPenny all have in common? They each filed Chapter 11 bankruptcy this year (Neiman, luckily, emerged from it). As a credit manager, it is important to keep abreast of the latest trends in retail so you can make smart credit decisions. And […]

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Chapter 11 Filings Surge: Winning Solutions for Suppliers in a Zero-Sum Game

Posted on Bankruptcyby David Johnston

Chapter 11 Filings Surge: Winning Solutions for Suppliers in a Zero-Sum Game -Written by David Conaway, Attorney at Law, Shumaker, dconaway@shumaker.com According to the American Bankruptcy Institute, 3,600 companies filed Chapter 11 in the first half of 2020. Chapter 11 filings for 2020 are on pace to eclipse any year since 2012. During the same […]

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Bankruptcy Code Temporarily Tilts in Favor of Supplier and Landlord Preference Defendants

Posted on Bankruptcyby David Johnston

Bankruptcy Code Temporarily Tilts in Favor of Supplier and Landlord Preference Defendants Written by Ronald D.P. Bruckmann of Shumaker, Associate. rbruckmann@shumaker.com For a limited time only, the “Consolidated Appropriations Act, 2021” (CCA) signed into law on December 27, 2020 amends Bankruptcy Code Section 547 to shield certain deferred supplier and rent payments from avoidance as […]

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