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Archive for the ‘business’ Category

Preference Claims Defense Number 1

In our last post we outlined the legal defenses against a bankruptcy preference claim. Now let’s look at the “ordinary course payment” defense in a bit more detail. An ordinary course payment is, essentially, when there was nothing at all unusual or out of the ordinary pertaining to the payment at issue. For example, prior [...]

 

Virginia CLE Seminar on Chapter 7 Bankruptcy

On June 14, 2012, Roy M. Terry, Jr. and I were pleased to be faculty for the Virginia CLE in a seminar entitled Chapter 7 Bankruptcy: What the Code and the Rules Won’t Tell You. The seminar, which was broadcast live via telephone and webcast, presented a practical view of the practice of Chapter 7 [...]

 

SCOTUS: Secured Creditors Cannot Be Denied the Right to Credit-Bid

On May 29, 2012, the United States Supreme Court decided Radlax Gateway Hotel, LLC v. Amalgamated Bank, ruling that secured creditors cannot be denied the right to credit-bid on the sale of property or assets in the context of a Chapter 11 bankruptcy plan of reorganization. The Chapter 11 debtors were the owners of the [...]

 

Bankruptcy Preference Claim Can Be An Unwelcome Surprise

One of the most difficult conversations a bankruptcy attorney can have with a client is to explain the concept of bankruptcy “preference claims”. 

 

The JOBS Act – Jammin’ On Business Startups

Will the new Reg A “Lively Up” America’s Entrepreneurs? President Obama signed the JOBS Act into law last month. The Act is not named after the late entrepreneur, but had he lived to see its passage, I think Steve might have approved.

 

Environmental Attorney at Sands Anderson Honored

We are proud to announce the honor bestowed on one of our colleagues at Sands Anderson, Ann Neil Cosby. Virginia Lawyers Media, publishers of Virginia Lawyers Weekly and the Virginia Medical Law Report, has announced the Class of 2012 of “Influential Women of Virginia.” According to the website, “this awards program, now in its fourth [...]

 

CISPA – Evil Spawn of SOPA and PIPA?

The House of Representatives has passed The Cyber Information and Security Protection Act, sponsored by Rep. Mike Rogers (R-MI) and introduced not long after SOPA and PIPA were abandoned in the wake of a popular uprising of opposition.

 

Is that legal?

As attorneys, we sometimes get asked this broad open-ended question in a variety of contexts. Often the answer is equally broad, such as “It depends”. Let’s take just one example of how this question recently came up. I represent a number of clients who provide various consulting services. Just like attorneys, they need to enter [...]

 

Cycling – Good for You, Good for the Economy

And now, for something completely different: I ride my bike to work, whenever possible – preferably 5 days/week. I can take the short route which is only about a mile, or I can take a longer route, which is closer to 4 miles, and more scenic.

 

Do It Yourself Contracts – Who’s in Charge?

In previous posts we’ve dealt with “boilerplate” clauses such as waiver, jurisdiction and venue, and integration. Today we will talk about two related clauses: the “assignment” clause and the “binding effect” clause.