Melanie I. Wiener writes: Brave creditors who venture into Surrogate's Court often face costly and practical obstacles (i.e., proving a debtor's genealogy) and ineffective enforcement mechanisms (i.e.

Section 365(b)(3) of the Bankruptcy Code provides special protections for landlords of shopping center leases, which often come into play when ...

Creditors of distressed businesses are often frustrated by shareholder- controlled boards when directors pursue strategies that appear to be designed to benefit shareholders at the creditors' expense.

Recent Delaware case law clarifies that secured creditors do not lose priority by inaction after default, favoring the “trace and recapture” approach. The court emphasized that rights depend on the ...

Career mentors: The Hon. Douglas O. Tice Jr., retired chief judge of the United States Bankruptcy Court for the Eastern District of Virginia; and Lynn L. Tavenner, Esquire, the other founding member ...

The Supreme Court recently held that holders of cumulative redeemable preference shares (CRPS) are not financial creditors ...