Dylan G. Trache


Articles:

  • Thursday, November 17, 2011
  • Monday, January 3, 2011
    In November of 2010, the trustee for the Circuit City Stores, Inc., liquidating trust filed more than 500 adversary proceedings against creditors seeking the recovery of alleged preferential payments. The extent of the trustee's success in recovering these payments will impact the overall distribution to creditors. Creditors in bankruptcy cases should be...
  • Monday, July 5, 2010
    It is a harrowing scenario for any seller of goods: a trading partner files for bankruptcy and leaves the seller with thousands, even millions of dollars in unpaid invoices. In many instances, some of these goods were delivered only days before the bankruptcy filing. While a creditor may be able to assert reclamation rights, those rights are often...
  • Tuesday, March 31, 2009
    Liquidations of struggling enterprises can take several forms. While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case. Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common. This...
  • Friday, February 1, 2008
    With the recent decline in housing and real estate generally, companies in the homebuilding and construction markets face serious challenges. Some projects have already been forced into Chapter 11, and others will almost certainly require either a bankruptcy filing or out-of-court restructure. In the event a bankruptcy is filed, vendors, contractors,...
  • Sunday, January 1, 2006
    In addition to the much-publicized changes to consumer bankruptcy laws, the Bankruptcy Abuse and Consumer Protection Act of 2005 contains key changes applicable to real estate chapter 11 cases. Among the significant modifications to the old law are those that: amend the rules related to single asset cases, add an exception to the automatic stay for property...