Purchasing Personal Injury Settlements: Due Diligence Steps to Protect Factors

When personal injury settlement recipients prefer a lump sum over payments, they often approach factors. Scott Topolski cautions factors to protect themselves from clients who may sign agreements with multiple companies.

June 6, 2018 Cole Schotz | Personal Injury Settlements | Scott J. Topolski ABF Journal

Interested in a Better Mousetrap? Arbitration: It’s About Time!

Jeffrey Wurst observes federal judges currently spend most of their time handling criminal and discrimination cases rather than commercial finance. As a result, the judges are not as knowledgeable about this area, and the cases take longer to resolve. Looking to build a better mousetrap, Wurst has hit on arbitration to resolve commercial disputes in a fair and timely manner.

June 6, 2018 Arbitration | Jeffrey Wurst | Ruskin Moscou Faltischek ABF Journal

State Receivership: An Alternative to Bankruptcy

Filing for Chapter 11 protection can be an expensive procedure for borrowers and lenders. Keri Wintle discusses another option, state receivership, which can offer a more frugal avenue to achieve the same goal while offering all parties more privacy and greater flexibility.

April 17, 2018 Duane Morris | Keri L. Wintle | State Receivership ABF Journal

Understanding Borrowers’ Claims Against Lenders

Losing its business and having to repay its debts can compel a bitter borrower to retaliate against a lender, blaming the lender for its default. Jeffrey Wurst notes the courts do not always favor borrowers, as a recent suit filed against MB Financial Bank demonstrates.

March 14, 2018 Jeffrey Wurst | Ruskin Moscou Faltischek ABF Journal

When Is a Consignment Not a Consignment? A Look at the Ongoing Sports Authority Bankruptcy Case

In the world of bankruptcy, the definition of “consignment” is not as simple as it would seem. In the ongoing Sports Authority bankruptcy case, the company is trying to remain afloat by selling merchandise it obtained on consignment. The consigners, of course, want to be paid, as do the company’s lenders. Judge Cyganowski reviews the case, which has not yet been resolved, and explains the complexities of consignment.

January 25, 2018 bankruptcy | The Honorable Melanie L. Cyganowski ABF Journal

The Retail Crisis: Impact on Regional Shopping Malls

As brick-and-mortar retailers scramble to increase their online presence while fending off bankruptcy, regional shopping malls struggle to fill empty spaces and replace anchor stores. Stephen Selbst examines the issues lenders and investors are facing as this iconic part of U.S. life tries to reinvent itself.

November 7, 2017 Herrick Feinstein | Malls | Stephen B. Selbst ABF Journal

The Emergence of Financial Documents in E-Commerce

Spurred by the rapid growth of e-commerce and online lending, e-signatures and e-documents are becoming an essential part of business. However, both terms remain loosely defined in a legal sense. Paul Shur examines the regulations and case law that govern their use.

September 13, 2017 Electronic Signatures and Records Act | Goldman & Spitzer | Paul H. Shur | Uniform Electronic Transactions Act | Wilentz ABF Journal

Financing Government Receivables: State Governments Subject to Notification Like Other Account Debtors

Assigning payment rights is a basic concept that enables borrowers to obtain working capital. However, matters can be more complex when working with government departments. Jeffrey Wurst explains a recent decision in a Florida appellate court that requires state government departments to make payments when the debt has been reassigned to a factor if proper procedures have been followed.

July 26, 2017 Government Receivables | Jeffrey Wurst ABF Journal

The Priority of Federal Tax Liens; A Commercial Lender’s Perspective

People often assume that federal law takes precedence over state law, and, in many cases, it does. However, when it comes to perfecting securities under the UCC, federal law preserves the priorities established by states. Stephen Brodie and Tzvi Weisz examine the interplay between security interests under the UCC and federal tax liens.

June 6, 2017 Herrick Feinstein | Notice of Federal Tax Lien | Stephen D. Brodie | Tzvi Weisz | UCC ABF Journal

The Jevic Case: High Court Rejects Deviations to Chapter 11 Structured Dismissals

In March, the U.S. Supreme Court overruled the decision of three lower courts by determining the Bankruptcy Code does not permit “priority skipping” in Chapter 11 structured cases. Kurt Mayr and Shannon Wolf examine the pivotal Czyzewski v. Jevic Holding case and explain the implications for future structured dismissals in Chapter 11 cases.

June 6, 2017 Bracewell | Czyzewski v. Jevic Holding. | Jevic Bankruptcy | Kurt Mayr | Shannon Wolf ABF Journal