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3. Recent Revisions to the Bankruptcy Code Likely to Affect Commercial Landlords

Author

Rosenberg, Arthur E. and Zisser, Peter Alan

Subjects
Bankruptcy law -- Influence, Government regulation, Business, international, Bankruptcy Abuse and Consumer Protection Act of 2005
Abstract

Originally published 2nd Quarter 2005 By Arthur E. Rosenberg and Peter Alan Zisser (New York) As nearly everyone has heard, on April 20, 2005, President Bush signed into law the [...]

Published
2005

4. Bankruptcy Code § 546(e); the Grift that Keeps on Gritting.

Author

ZISSER, PETER

Subjects
BANKRUPTCY, REDEMPTION of securities, CRIMINAL law, BANKRUPTCY courts, FICTIONS (Law), TRANSFER payments
Abstract

The article discusses section 546(e) of the U.S. Bankruptcy Code which provides a carte blanche gift, a signed blank cheque, to corporation for redemption its own stock. It mentions that parties must refer to corporate and criminal laws as a form of legal fiction before seeking to avoid and recover payments made to shareholders on occurrence of bankruptcy. In Enron Corp. v. Bear Stearns Int'l, Ltd. case, difference between "void" and "voidable" under Bankruptcy Code were discussed.

Published
2013

5. Give it Back or Else; The Far-Reaching Effects of Section 502(d).

Author

Zisser, Peter

Subjects
BANKRUPTCY, TRUSTS & trustees, DEFAULT (Finance), BANKRUPTCY trustees, TRANSFER (Law)
Abstract

The article focuses on the avoidance of prepetition transfers by the trustee during bankruptcy. Topics include the difference between preferential transfers and fraudulent transfers, the liability of the bankruptcy trustee, and the commencement of avoidance actions. Information is provided on the look-back period.

Published
2012

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