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Burden of Proof › Creditors

McGlinchey Stafford

Who Bears What Burden in Class Settlement Objections - McGlinchey Commercial Law Bulletin - December 4 2023

McGlinchey Stafford on

Fraudulent Transfer- Leonard Holdings, Inc. v. Rohaley, 11th District Lake County, 2023-Ohio-4096- In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant’s motion for...more

Freeman Law

Fraudulent Transfers | Burdens of Proof

Freeman Law on

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as described generally the...more

Lowenstein Sandler LLP

Preference Defense In the Wake Of The Pandemic: A Primer

Lowenstein Sandler LLP on

Nothing is more frustrating to a trade creditor holding a large unpaid balance owed by a debtor in bankruptcy than the risk that payments the trade creditor received before the debtor filed bankruptcy may be clawed back by...more

Hudson Cook, LLP

The City that Never Sleeps on Debt Collection: A Primer on New York City's Debt Collection Regulations

Hudson Cook, LLP on

The New York City Department of Consumer and Worker Protection ("DCWP") (formerly the Department of Consumer Affairs) promulgated new debt collection rules this spring to provide protections to consumers with limited English...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Addresses Standard For Recovery Of An Alleged Fraudulent Transfer From A Subsequent Transferee

Patterson Belknap Webb & Tyler LLP on

The Bankruptcy Code gives a trustee powers to avoid certain pre-bankruptcy transfers of the debtor’s property to other entities. For example, a trustee can avoid transfers made with the intent to impair the ability of...more

Blake, Cassels & Graydon LLP

Ontario Court Addresses Debt Re-Characterization Argument in CCAA Proceeding

Blake, Cassels & Graydon LLP on

On February 29, 2016, the Ontario Superior Court of Justice released a decision in the ongoing insolvency proceeding of U. S. Steel Canada Inc. (USSC). Two principal issues were addressed by the Court. First, whether amounts...more

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