2003-2005 Articles

Professional Compensation Is a Gamble in Chapter 11: Aug-11-2005 — This article by Hodgson Russ partner Garry M. Graber was originally published in The Journal of Corporate Renewal, April 2005. Reprinted with permission.
Bankruptcy Reform: Let’s Not Forget the Biblical Basis for the Bankruptcy Code: Mar-11-2004 — As the debate over suggested bankruptcy reforms rages on, it might be useful to look back to the reasons for bankruptcy and the sources of many of our bankruptcy provisions.
Preferences Under US Bankruptcy Law: Mar-27-2003 — U.S. Bankruptcy Code permits a debtor in bankruptcy or its trustee to “avoid” transfers made within 90 days of a bankruptcy filing (one year if the transferee was an insider). Such transfers are referred to as “preferences” or “preferential transfers.”
Rules Governing the Employment of Counsel in US Bankruptcy Cases: Mar-27-2003 — Attorneys practicing in bankruptcy court must comply with the Bankruptcy Code provisions governing ethical conduct in addition to the ethical and disciplinary rules applicable to attorneys in their local jurisdictions.
Filing a Proof of Claim in a US Bankruptcy: Mar-26-2003 — A proof of claim is a creditor’s written statement, filed in a bankruptcy case for purposes of showing the basis and amount of the creditor’s claim against the debtor.
Obtaining a Judgment in New York: Mar-26-2003 — In order to obtain a judgment in the state courts of New York State, a lawsuit, or “action,” must be commenced. An action in New York is typically commenced by filing a summons and complaint with the applicable office of the county clerk.
Executory Contracts and Leases Under US Bankruptcy Law: Mar-21-2003 — Under the U.S. Bankruptcy Code, Section 365, debtors and trustees are vested with the power to assume or reject executory contracts and unexpired leases.
The Automatic Stay in US Bankruptcy Cases: Mar-21-2003 — Immediately upon filing a bankruptcy petition under any chapter of the U.S. Bankruptcy Code, there arises by operation of law an “automatic stay” that operates as a prohibition of most collection and enforcement actions against the debtor.

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