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You are here: Home > Finance > Bankruptcy > You're Suing ME?! Adding Insult to Injury to Creditors of Bankrupt Debtors |
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Casual Articles - You're Suing ME?! Adding Insult to Injury to Creditors of Bankrupt Debtors
Building a Following for Your Writing troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed.The Internet has changed the way publishing is done forever. Instead of taking months, or even years, to build a following for your writing, you can begin to build a following in just days.Building a following for your writing is crucial to your publishing success. Without readers, you have no one to read your writing.Although I know most writers hate marketing, if you take the time to market your writing, you will build your following more quickly and see results.Your first step in building a following to your site should be to add a list. This can be a simple autoresponder script where you add a subscription box to your site. This way, reade On the surface, this seems reasonabl Bookmark IT for More Profit In the course of managing a bankruptcy-centered law practice, one notices that certain themes tend to recur. One of the things that seems, repeatedly and quite understandably, to make the blood of credit managers in bankruptcy cases boil, is the prospect of being sued for a 'preference' while they are already stuck with a bad account receivable. This seems to many vendors to be the ultimate outrage. Having shipped goods, or rendered services on credit, in good faith, and in the expectation of being paid, and then, having already been burned (often for substantial sums) by the bankruptcy filing itself, they may find themselves pursued by a trustee or other estate representative, to give back the smaller amount they received on account of their claim within the 90-day period preceding the bankruptcy filing.I want to touch on the subject of Social Bookmarking and it’s implications in helping creating backlinks. Even though Latent Semantic Indexing is the buzz word now a days, we cannot forget backlinks. Think of backlinks as the rope that holds the tent (your site) to the internet. Time and time again I have seen the life of a site diminish if it is not supported by backlinks. I can launch a site, place a blog on the site get it indexed, making money, but 6 months later I lose a portion of my indexing thus, losing a portion of my site portfolio. Those few extra minutes taken per site to create backlinks is pivotal to your online success as you build up your empire. After 25-odd years of minor tinkering with the preference laws as drafted in the Bankruptcy Code, which came into effect in 1979, Congress has, for the first time, and in response to intense lobbying by creditor-based interest groups, made significant, and wide-ranging changes which will, in the view of this author, work a sea change in this area. First of all, we need to understand what a preferential payment is, and why the bankruptcy laws allow for their recovery, before exploring, in very broad strokes, for purposes of this article, how and why the recent amendments to the Bankruptcy Code have helped 'level the playing field.' The purpose of making preferential payments recoverable is to promote equality (or, more accurately, "equitable-ness") of distribution among creditors. In other words, the pain should be shared on a reasonably equitable basis by those who are on the receiving end of bad receivables. To that end, certain payments made by troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed. On the surface, this seems reasonably How to Target Your Ideal Customers n credit, in good faith, and in the expectation of being paid, and then, having already been burned (often for substantial sums) by the bankruptcy filing itself, they may find themselves pursued by a trustee or other estate representative, to give back the smaller amount they received on account of their claim within the 90-day period preceding the bankruptcy filing.How to Discover the "Buzz" On YouWhile many of my clients and students are filled with trepidation when we embark on this step, all come back feeling affirmed and inspired to create a stronger “brand” identity. The process is simple:Step One: Create a focus group of 12-18 people who know you and your work. Include those who will give you honest feedback and respond within a short period of time. Your goal is to get 10 survey responses so that you can identify patterns, strengths and core messages. If you do not receive that number after your initial distribution, send a few more until you reach that goal.Step Two: Create a letter After 25-odd years of minor tinkering with the preference laws as drafted in the Bankruptcy Code, which came into effect in 1979, Congress has, for the first time, and in response to intense lobbying by creditor-based interest groups, made significant, and wide-ranging changes which will, in the view of this author, work a sea change in this area. First of all, we need to understand what a preferential payment is, and why the bankruptcy laws allow for their recovery, before exploring, in very broad strokes, for purposes of this article, how and why the recent amendments to the Bankruptcy Code have helped 'level the playing field.' The purpose of making preferential payments recoverable is to promote equality (or, more accurately, "equitable-ness") of distribution among creditors. In other words, the pain should be shared on a reasonably equitable basis by those who are on the receiving end of bad receivables. To that end, certain payments made by troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed. On the surface, this seems reasonabl Training / Presentations: How to Teach using Lecture vs. Discussion in the Bankruptcy Code, which came into effect in 1979, Congress has, for the first time, and in response to intense lobbying by creditor-based interest groups, made significant, and wide-ranging changes which will, in the view of this author, work a sea change in this area.WHEN ONLY A LECTURE WILL DO: Under certain circumstances, of course, the lecture is the only workable format. For instance, when it is necessary to reach a large audience in a short time frame, or when the attendees have no knowledge of the subject whatsoever, there is really no choice. But whenever possible, alternative methods should be investigated. If you choose to rely solely on lectures, be aware that you do so for your own convenience and comfort, rather than for the effectiveness of the training. Abandoning the lecture format for that of group discussion requires that the trainer step back from leadership and take up the role of facilitator — a position mu First of all, we need to understand what a preferential payment is, and why the bankruptcy laws allow for their recovery, before exploring, in very broad strokes, for purposes of this article, how and why the recent amendments to the Bankruptcy Code have helped 'level the playing field.' The purpose of making preferential payments recoverable is to promote equality (or, more accurately, "equitable-ness") of distribution among creditors. In other words, the pain should be shared on a reasonably equitable basis by those who are on the receiving end of bad receivables. To that end, certain payments made by troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed. On the surface, this seems reasonabl Google: The Ultimate Web Writer's Style Guide urposes of this article, how and why the recent amendments to the Bankruptcy Code have helped 'level the playing field.'Indulge me for a moment.Forget that Google is a search engine. Just for a moment, imagine it is a style guide. A very different kind of style guide.Instead of this particular style guide being written as a static book by an expert or two, it is written by studying the searching and browsing habits of hundreds of millions of web users.Get the idea? Not a search engine. A style guide. A constantly evolving style guide that works from its insights into how people use and read web sites.A style guide that puts the visitor first, puts their needs ahead of the academic opinions of experts.A style guide that automatically rewards sites The purpose of making preferential payments recoverable is to promote equality (or, more accurately, "equitable-ness") of distribution among creditors. In other words, the pain should be shared on a reasonably equitable basis by those who are on the receiving end of bad receivables. To that end, certain payments made by troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed. On the surface, this seems reasonabl Quick Conflict Resolution Tricks: What Not To Do During A Quarrel troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed.1. Avoid getting in a power struggle. There is a noteworthy relationship between power and authority. Several times, as power increases, influence decreases and vice versa. Famous sociologist Erik Erikson noted that children turn out to be emotionally bothered when they hold power they cannot responsibly control. Clearly defined customs and rules are required to govern life, or people become self-destructive.A creative rejoinder you can bring to conflict is an ability to delegate power, allowing others to take responsibility of their feelings and the event in question. Your authority amplifies when you empower others as a substitute of getting into power st On the surface, this seems reasonably fair. After all, why should creditors who have a closer relationship with the bankrupt company, or who just scream louder, be paid while the other guy gets left holding the bag. But, alas, here's the dirty little secret of preference claims. For the most part, though not exclusively, they are pursued, by trustees in liquidation cases, in which there will ultimately be little or no recovery for unsecured creditors. So who gets the money recovered in these preference litigations? Why, the trustees, their lawyers and accountants, of course, whose rights to payment come before everyone else. So rather than being a vehicle for equitable redistribution of limited funds of an insolvent debtor, the preference statute has been used as a tool for trustees and their professionals to build an estate as a source of trustee fees, and legal and accounting fees. In most such cases, the creditors end up with nothing at all, except the privilege of paying twice. On the other hand, the drafters of prior legislation wanted to encourage vendors to continue selling goods to troubled companies so as not to exacerbate an already difficult situation and bring on unnecessary or premature bankruptcies. So various defenses to preference claims were introduced, to exempt certain payments made contemporaneously, or in the ordinary course of business and within invoice terms, from preference attack. These concepts, however, still left the burden on the creditor/defendant to prove these defenses, and they often found that it was easier and cheaper just to 'pay up' or settle the claims, however distasteful it seemed to them So what has the new bankruptcy law done for these creditors? Well, it has, among other significant changes, substantially tightened up the 'ordinary course' d
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