• Features

    POCs and the FDCPA: A License to File

    Chris Hawkins and Karlene Archer

    Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).

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  • Features

    Equipment Lessors and Bankruptcy

    Michael A. Brandess and Jonathan Friedland

    Much has been written about the risk that a transaction denominated and documented as an equipment "lease" may be recharacterized a security interest. Equipment lessors seem to understand. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization. So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?

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  • Features

    Third Circuit Sides With Creditors in EFIH Make-Whole Dispute

    John J. Rapisardi and Joseph Zujkowski

    At the end of last year, the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a "make- whole" premium in connection with a Chapter 11 case. The court's opinion is the most creditor-friendly decision issued to date on this topic.

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  • Columns & Departments

    In the Marketplace

    Who's doing what; who's going where.

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