Converting a Chapter 7 to a Chapter 13
June 27, 2006
It has been a prevailing view in practice under the Bankruptcy Code that a Debtor has an absolute one-time right under Section 706(a) to convert a case from Chapter 7 to another Chapter, the most common scenario involving conversion from Chapter 7 to Chapter 13. However, two recent circuit level cases, reflecting the case law trend, have found that a motion to convert a Chapter 7 to a Chapter 13 may be denied if not made in good faith.
Pitfalls of Critical Vendor Litigation
June 27, 2006
The latest development in 'critical vendor' litigation occurred in the case where much of it began ' the Kmart Corporation bankruptcy case. On April 12, 2006, United State Bankruptcy Judge Susan Pierson Sonderby denied motions to dismiss lawsuits seeking the return of critical vendor payments, paving the way for the cases to proceed to trial. Although Judge Sonderby's decision was not published, this latest chapter of the Kmart story is worth noting.
Enron Court Says Transferred Claims Remain Tainted
June 27, 2006
two recent decisions by the Bankruptcy Court for the Southern District of New York serve to reemphasize a maxim well known to those regularly involved in the distressed debt industry. Participants in the market for distressed claims must be aware of the inherent risks and uncertainties in dealing with post-petition debtors, and they must protect themselves accordingly.
News Briefs
June 15, 2006
Highlights of the latest privacy and data protection news from around the country.
Internet Privacy: Do You Know Who's Collecting Information About You?
June 15, 2006
While savvy users of the Internet may be aware of the multitude of ways that personal information can be monitored and collected on the Web, most users are likely oblivious to the information trail they leave behind. How many readers of this publication, a population plainly concerned with privacy issues, have read the privacy policies of their favorite Web sites? If you have not, you may be surprised to learn about the amount of information collected by even the most popular and mainstream sites. For example, when a user requests and views a Web page from Yahoo!, that request is logged on Yahoo!'s servers with information including the IP address of the computer that requested the page. Even if information is not purposely collected, just about everything a person does on the Web is stored somewhere for at least some period of time.
What Every U.S. Employer Should Know About Workplace Privacy
June 15, 2006
Last month's article discussed background screening and Social Security number laws. This month's installment covers the Health Insurance Portability and Accountability Act of 1996; information security; and monitoring employee telephone, e-mail, and Internet use.