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Business Law Blog

Archive of: Bankruptcy

Is Your Leasehold Interest in Danger if Your Landlord Files Bankruptcy and Sells the Property?

Posted by Attorney David J. Espin in Bankruptcy / Comments

As the ubiquitous maxim goes, “hard cases make bad law." Although this is oftentimes accurate, in some instances hard cases prompt courts to undertake a detailed and thorough analysis of the law which can lead to well-reasoned decisions that create thoughtful and practically useful precedent. Such is the case in a pair of court of appeals opinions regarding the interplay between two important bankruptcy code provisions that appear to be ...

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When Your Brick-and-Mortar Customer Files Bankruptcy: A Brief Analysis of Preference Actions and Common Defenses

Posted by Attorney David J. Espin in Bankruptcy / Comments

The proliferation of online retailers like Amazon has come at the expense of many traditional brick-and-mortar stores. As a result, many are turning to chapter 11 reorganizations in an effort to prolong the inevitable slide towards shutting their doors for good. This poses unique challenges for many of these stores' suppliers, especially when it comes to the complicated issues surrounding preference actions.For anyone that has been on the receiving end ...

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Receivership or Chapter 11: Which One is Right for Your Company?

Posted by Attorney David J. Espin in Bankruptcy / Comments

If your business has hit a rough patch, it's facing a big judgment, or if the bank is calling its loan due, you may be wondering what options are available for your company. Assuming you don't want to hand the keys to the bank and move on to a new venture, two options exist for Wisconsin business owners: (1) a receivership under chapter 128 of the Wisconsin statutes, or (2) ...

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