Jeffrey Bernstein, Esq. McElroy, Deutsch, Mulvaney & Carpenter LLP, Newark
Allen J. Underwood II, Esq.Lite DePalma Greenberg Afanador, LLC, Newark
General Overview of Bankruptcy Concepts: - The Automatic Stay - Executory Contracts - Differences between Chapter 11 and Chapter 7 - 363 Sales - Avoidance Actions (e.g. preferences, fraudulent transfers)
Protecting a Landlord in a Tenant Bankruptcy: - Assumption and/or assumption and assignment of the lease - Objection to assumption / assignment of the lease - Determination of and objections to “cure” amounts - Rejection of the lease and filing a rejection damages claim - Claims for administrative rent (rent accruing post-bankruptcy)
Protecting a Vendor in a Customer Bankruptcy: - Must a vendor ship post-petition, and under what terms? - Documenting a vendor’s claims, rights and defenses - Attaining “critical vendor” status - Reclamation demands and 503(b)(9) claims - Assumption /assignment of contracts - Determination of and objections to “cure” amounts
Protecting a landlord or vendor in preference and fraudulent transfer lawsuits: - Overview of avoidance action complaints and procedures - What are preferences and constructive fraudulent transfers? - Preferences defenses - Protecting Fraudulent transfer defenses
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