Bankruptcy

This is FindLaw’s collection of Bankruptcy articles, part of the Finance section of the Corporate Counsel Center. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its constitutional grant of authority to "establish… uniform laws on the subject of Bankruptcy throughout the United States." Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. Find information about bankruptcy laws, including answers to some of the most frequently asked questions. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Finance

Bankruptcy Articles

Are Contractual Rights In Subordination Agreements Fully Enforceable in Bankruptcy?

When multiple lenders extend credit to the same borrower, the lenders frequently enter into inter-creditor or subordination agreements to set forth the priority of repayment rights against the borrower and its assets. The Bankruptcy Code provides ...
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Are There Any Critical Vendors Left?

A fundamental rule in bankruptcy proceedings is that prepetition claims are not paid without a plan or separate order of the bankruptcy court. The Bankruptcy Code (11 U.S.C. Â§ 101 et seq.) requires payment in a specified order of priority. In ...
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Legal Insurance Plans

Although not new, legal insurance plans are gaining acceptance at an ever increasing rate. Legal insurance plans most closely resemble medical HMO's or PPO's which have already become common, affordable and cost effective means of obtaining health ...
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You Have the Right to Work. Don’t Let Anyone Take It Away.

You Have The Right To Work. Don't Let Anyone Take It Away. Real Life Stories That Can Help You. --- Real Life Stories That Can Help You. This brochure will tell the stories of four people. These individuals applied for jobs but were turned away ...
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Anatomy of a Seizure

Although aircraft lessors and financiers prefer to structure and close new deals than to terminate and enforce old ones, they are occasionally confronted with the unavoidable need to declare a default and repossess the equipment. The process of ...
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Assigning blame for bankruptcy

Reprinted from the Staten Island Advance, Thursday, 05/13/1999 Section: Business, Page A23 Deadbeats or desperate straits? One of these terms could be applied to the nearly 1,550 Staten Islanders who filed for debt relief under the personal ...
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At the Mercy of Debtors: High Court Narrows Ability to Prevent Preferential Transfers

The U.S. Supreme Court has ruled against a group of U.S.-based financiers seeking injunctive relief to prevent a Mexican borrower from depleting its assets (by paying its local creditors first), pending final outcome of their suit for defaulted ...
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Avoiding Tenant Mix Problems in Shopping Center Leases

Note: The substance of this article is adapted from Avoid Tenant Mix Problems When Giving Use Flexibility to Big Tenant, published in the June 1998 issue of Commercial Lease Law Insider. A major retail tenant of a shopping center has a lot of ...
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Bad Faith Concealment of Personal Injury Cause of Action from Bankruptcy Court Bars Subsequent Prosecution in State Court

Steve Pasarow and Rob Brugge, using the doctrine of judicial estoppel recently recognized in California, successfully obtained a summary judgment in favor of the defendants on the basis that plaintiff's concealment of his personal injury cause of ...
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Bankrupt Debtor Must Pay Entire Month’s Rent Even If Lease Is Rejected A Few Days Into The Month

In the June/July, 1998 issue of Lenders' Alert, (Vol. 6, No. 3), the case of In re Koenig Sporting Goods, Inc. from the Northern District of Ohio was viewed as a potential victory for landlords with bankrupt lessees because the Bankruptcy Court ...
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