With the rising costs of healthcare and the implementation of the Affordable Care Act, more employers are offering or revamping wellness programs that that are aimed at incentivizing employees to adopt healthier lifestyles. These programs include things […]
The Bankruptcy Code allows a trustee to recover fraudulent transfers made by the debtor prior to bankruptcy. 11 U.S.C. § 548(a). An innocent recipient of a fraudulent transfer is not without a defense, however. The Code allows a transferee that takes […]
To find out how one bankruptcy court addressed these issues, click on the link below to an article written by Angie Offerman and recently published in the ABI Technology & Intellectual Property Committee Newsletter: http://committees.abi.org/committees […]
Over the course of its history, the U.S. Equal Employment Opportunity Commission ("EEOC") has disfavored the application of mandatory arbitration agreements within the employment context. Indeed, until the decision in Circuit City Stores, Inc. v. Adams […]
Few assets in the hospitality industry are more valuable and important than the franchise agreements. The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement […]
Over the past decade, debtors have increasingly used the protections of Chapter 11 to sell substantially all of their assets in sales under section 363 of the Bankruptcy Code. As a result, post-sale debtors frequently have next to nothing left to reorganize […]
As far as employee compensation agreements are concerned, Texas employers are riding a wave of pro-business precedent to recoup bonus pay from employees. The Supreme Court of Texas’ recent opinion in ExxonMobil Corporation v. Drennen continues the […]
The Texas Agricultural Code requires milk processors to hold funds in trust for the benefit of milk producers, including dairies and cooperatives. A trust fund is a powerful tool that will allow a milk producer to be paid ahead of other creditors […]
Debtor-in-possession financing ("DIP financing") is a critical issue that comes up at the beginning of most large to mid-sized bankruptcy cases. Companies filing bankruptcy are typically doomed to a rapid liquidation if they are unable to obtain new […]
Learning how to defend a preferential transfer action is a particularly useful art for the credit professional. In Part One, we discussed the Bankruptcy Code's specific requirements that must be established by the debtor or trustee in order for a transfer […]
The word “bankruptcy” often strikes dread in the hearts of creditors. To some, when they hear that someone who owes them money has filed bankruptcy, they envision writing off the debt and never receiving a cent. However, all is […]
A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary. That term is "executory." […]