by Jeff Folkersen | Nov 3, 2011 | Blog
by Bernstein-Burkley, P.C. A recent bankruptcy decision out of the Third Circuit Court of Appeals hit home for lots of law firms and creditors alike. In the wake of higher scrutiny of mortgage companies and lenders and the enforcement of strict Proof of Claim...
by Jeff Folkersen | Oct 25, 2011 | Blog
An interesting article on the effect preferences and state law fraud statutes can have on recovery for the estate through analysis of the Madoff bankruptcy. The Madoff trustee, Irving H. Picard, had sought to recover fictional profits paid out in the six years before...
by Jeff Folkersen | Oct 3, 2011 | Blog
by Kit F. Pettit, Esq. As the leases for the Marcellus and Utica shale gases are now aggressively being developed by the exploration and production companies, some of our client inquiries are starting to shift from various leasing questions and concerns to pipeline...
by Jeff Folkersen | Sep 20, 2011 | Blog
by Arthur W. Zamosky, Esq. Are you looking to end a controversy with another party? Or do you have uncertainty as to how an adverse situation will pan out? If so, you may want to consider a declaratory judgment action – often called a “Dec” action. The Pennsylvania...
by Jeff Folkersen | Sep 8, 2011 | Blog
by Bernstein-Burkley As an attorney at Bernstein Law Firm who often represents secured creditors in consumer bankruptcies, the rules that apply to Chapter 13 plans are of great interest. One Bankruptcy Code provision that provides a crucial protection to mortgage...
by Jeff Folkersen | Aug 31, 2011 | Blog
By Bernstein-Burkley, P.C. Having practiced in bankruptcy court in both consumer and commercial cases for the last eight years, I have seen a variety of pleadings crafted with varying degrees of creativity and skill. On one hand, there are those that are so short...
by Jeff Folkersen | Aug 24, 2011 | Blog
Recently in Pennsylvania a Westmoreland County Judge ruled that landowner gas leases need not have both parties signatures to be valid in Snyder v. Rex Energy., Case No. 09CI06332. Local landowners brought suit against Rex alleging the company reneged on a deal to...
by Jeff Folkersen | Aug 16, 2011 | Blog
An Expansion of the FDCPA in the 3rd Circuit: Debt-Collection Letters From a Law Firm Found to be “False and Misleading” Under 1692e of The FDCPA Despite Containing Disclaimer Language At the end of June 2011, the Third Circuit Court of Appeals, in the case of Leshner...
by Jeff Folkersen | Aug 12, 2011 | Blog
by Arthur W. Zamosky, Esq. In the United States, the concept of replevin dates back to the late Nineteenth Century and has been available in most jurisdictions to the present day. A replevin action is used to regain possession of chattels that are being wrongfully...
by Jeff Folkersen | Aug 9, 2011 | Blog
by Kit F. Pettit, Esq. With all of the types of business entities available to choose from when starting a new business, how do you know which business entity is best? There are LLC’s, LP’s, S-Corps and C-Corps, and each type of entity has its own advantages and...
