ABSTRACT: When a creditor is faced with defending preferential transfer actions in a bankruptcy case, one of the least understood, and therefore least used, defenses is the so-called "ordinary business terms" defense described in Bankruptcy Code section […]
In a final rule published on December 30, 2013, and effective immediately, the U.S. Environmental Protection Agency (EPA) has adopted a new standard for conducting All Appropriate Inquiries (AAI). The EPA's action impacts private and public parties who […]
The Texas Dram Shop Act became law in 1987. Before its enactment, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons. In passing the Dram Shop Act, the Legislature provided the exclusive remedy for liability […]
Under 11 U.S.C. §330, attorneys seeking to be paid from a debtor's estate must file fee applications with the bankruptcy court. Additionally, many bankruptcy courts have enacted local rules and guidelines with respect to fee applications. The Office […]
Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]
The presentation will focus on the advantages, disadvantages and hurdles in using either lending source. We will focus on new developments in both sources of financing arising from the recent down cycle. In particular, the presentation will identify […]
Lenders are correct in being cautious when foreclosing on commercial properties where the use or storage of hazardous materials may result in liability for environmental contamination. However, the U.S. Comprehensive Environmental Response, Compensation […]
Clients often simultaneously retain a lawyer and an accountant who work together to meet the client's legal needs. For example, in the course of a transaction, the client may need an attorney to address legal issues and document the transaction […]
KRCL Director Joseph M. Coleman presented Managing the Meltdown: An Examination of Creditors' Bankruptcy Strategies to MEMA Financial Services Group, Inc., at the MFSG 2013 Educational Seminar in Detroit September 18.
The risk of spoliation of evidence is a continuing concern in construction litigation. Simply defined, spoliation is the improper alteration or destruction of evidence, proof of which may give rise to a presumption that the evidence would have been harmful […]
In the prior Environmental Alert (2 of 3), we discussed Compressed Natural Gas ("CNG") regulations specific to Texas certification requirements and state-collected fees for licensing and permitting related to CNG installations and servicing […]
Michael A. Logan The Texas Supreme Court recently issued an important decision settling insurance coverage issues in the construction defect context that had been undecided or inconsistently applied in the past. Lennar Corp. v. Markel American […]