James Whitley was a serial bankruptcy filer and all around bad guy. He is currently serving a life sentence for sexually harassing a minor. About a month prior to that conviction, his latest Chapter 13 bankruptcy case had been dismissed with […]
Prior to filing Chapter 7 bankruptcy, the debtor transferred assets to a trust. The debtor was the trustee of the trust. After the filing, the Chapter 7 Trustee sued the debtor (in his capacity as trustee of the trust) seeking to recover […]
The case is In re BP RE, L.P., 2013 WL 5975030 (Nov. 11, 2013). The case involved BP RE, L.P. (“BPRE”) which filed Chapter 11 in the Bankruptcy Court for the Western District of Texas, Waco Division. BPRE filed state-court […]
Despite these rather instructive failures, there have been a number of cases in which creditors have successfully prevailed using the ordinary business terms defense. For example, in the In re Global Tissue case, the debtor and a supplier were in the […]
Momentum is building for an increase in the federal minimum wage, with the only remaining questions being "How much?" and "How soon?" President Obama called upon Congress in this year's State of the Union speech to raise the federal minimum wage. […]
A bankruptcy filing may be an opportunity for the acquisition opportunities of individual assets, or an entire going concern business. To learn more, click on the link below to an article published recently by the online news […]
The Americans with Disabilities Act ("ADA") requires an employer to make reasonable accommodations for an employee that has a disability. In 2008, Congress enacted the ADA Amendment Act of 2008 ("ADAAA"), which broadened the definition and the scope […]
In 2008, Congress amended the Americans with Disabilities Act ("ADA"), expanding the definition and the scope of the term "disability" under the ADA. Courts are now required to construe the term "disability" broadly and to provide coverage to the maximum […]
Like all other defenses, the defendant/transferee must provide evidence establishing the elements of the ordinary business terms defense. Much can be learned from the many seeming half-hearted attempts to prove an ordinary business terms defense. […]
The detailed facts of this case aren’t particularly relevant. The issue was whether the district court has jurisdiction to hear an appeal filed after the 14 day period in Rule 8002. The Fifth Circuit has not had an opportunity to address […]
Once a debtor or trustee establishes a transfer is a preferential transfer, the burden falls upon the creditor to establish one or more of the defenses to avoidance set forth in Bankruptcy Code section 547(c), such as the "ordinary business terms" defense […]
Now that the ordinary business terms defense stands on its own as an independent defense, courts are compelled to focus specifically on whether the ordinary business terms test has been satisfied. As before, the burden is on the creditor to establish […]