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By: Phillip Wang, Esq. Creditors often find themselves navigating complex legal terrain when a client or customer files for bankruptcy, especially when it comes to defending against preference claims. One recurring question is whether payments made under an agreed-upon payment schedule are considered preferential....
By: Phillip Wang, Esq. When a business files for bankruptcy, one of the common risks to creditors is the threat of preference actions. These claims, brought by bankruptcy trustees or debtors, aim to claw back payments made to creditors within 90 days prior to...
By: Phillip Wang, Esq. One of the ancillary disputes that can occur when a debtor files for bankruptcy is whether specific payments or other transfers made before the petition filing can be recovered by the bankruptcy estate as preferential transfers. Our knowledgeable attorneys specializing...
By: Jack Easterbrook Question: if a person signs a loan guaranty and it contains a long waiver section in which the signer gives up defenses (and the guaranties all have these sections, right?), is the guaranty still enforceable if the lender breaches the...
Understanding Debt Financing and Loan Transactions Debt financing is a specialized, complex area that goes to the heart of a company’s business, whether that business is real estate, low tech, or high tech. Loan transactions directly affect cash flow, and therefore are the lifeblood...
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