Who Pays for My Lawsuit?

You do.  Seems simple enough.  However, you would be surprised at the number of creditors that are under the mistaken belief that the debtor will be on the hook for any and all expenses associated with a creditor’s lawsuit to collect on a debt. For example, your...

Be Wary: Bankruptcy Filings Continue to Rise

According to a recent article in the New York Times, individual and corporate bankruptcies are at a five-year high. As a creditor, here are three things to keep in mind during these difficult financial times:   1)      With the increase in “under water” secured...

Guaranty or Surety?

Under Pennsylvania common law, “the primary difference between a surety and a guarantor is the time at which a creditor can collect from each.  With regard to suretyship, the creditor can look to the surety for immediate payment upon the occurrence of a default by the...

A Refresher on 503(b)(9) “20-Day Claims” Part 2

Unfortunately, the Code does not require that the administrative claim be paid in full immediately after the Court allows the claim. Instead, the Code only sets the relative priority of the claim.  In Chapter 11, a requirement for the confirmation of a Plan is that...

A Refresher on 503(b)(9) “20-Day Claims” Part 1

    Since clients ask about this all  the time, I thought it would be a good time to give a quick refresher on 20-day claims and briefly discuss how creditors are faring in Bankruptcy cases when it comes to 20-day claims.   Under most state laws, a credit seller has...

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