Newsletter
James Olson prepares and distributes a quarterly newsletter, “Notes on Debtor/Creditor Relations”, in January, April, July and October.
If you would like to receive “Notes on Debtor/Creditor Relations” by email, click here, and send an email with your name, telephone number and email address.
The current newsletter can be read here. Archived newsletters from 1996 to the present can be viewed below.
Trustee Recovers Tuition Payment
Sanctions for Violating Chapter 11 Plan
Bankruptcy Stops Environmental Suit
No Accounting for Debt
Creditor Collects from Retirement Account
Assignee of Lender is a Lender
Proof of Claim as FDCPA Violation
Dispute Prevents Involuntary Case
Default Interest Not a Penalty
IRS Setoff Trumps Bankruptcy Exemption
Paved with Good Intentions
Petitioning Creditors Sanctioned
Lis Pendens as a Preference
Stay Does Not Require Collateral Return
Marijuana Busts Chapter 11 Case
IRA Loses Exempt Status
Loan Modification Pitfall for Lender
State Court Cannot Prevent Bankruptcy
Maryland Commercial Receivership Act
How Do You Deal with Rejection?
Lender's Attorneys' Fees Allowed
Partnership Agreement Blocks Pledge
Overspending Fails to Evade Taxes
Disclaimer of Inheritance Not a Transfer
Tax Sale Reversed as Fraudulent Transfer
Bank Defeated by Late Filing
Tax Claim Trumps Entireties Exemption
Claim Follows Embezzled Funds
Not Paid Until the Check Clears
Mere Threat Violates Stay
Bankruptcy Filing Freezes Creditor Rights
Bankruptcy Sale Strips Lease
Discharge Denied for Undervaluing Asset
Dumping Property Costs on Lender
U.S. Collects Disclaimed Inheritance
Guarantee Not Discharged
No Priority for Sale to Cooperative
Failure to Inform as Fraud
Affirmative Act Required to Violate Stay
Bankruptcy Sale Cleans Toxic Assets
Structured Settlement Rejected
Filing Time-Barred Claims Permitted
Subordination of Stock Buyout Debt
New Corporation Liable as Successor
No Cap on Exempt Assets
Preference Recovery Voids Release
Time-Barred Claim not FDCPA Violation
Tenancy by Entireties Survives Death
Non-Compete Survives Bankruptcy
Fraudulent Silence
Late-Filed Tax Return Dischargeable
Individual Chapter 11 Debtor Loses Assets
Filing Error Terminates Perfection
Withdrawn LLC Member Subordinated
Shareholders Meeting Not Stayed
No Discharge for Late-Filed Tax Return
Protection for Foreign Banks
Unreasonably Small Capital
Taxes from Late-Filed Return Discharged
Third-Party Payment Defeats Preference
Inaction Violates Automatic Stay
After-Recorded Mortgage Beats IRS Lien
Noncompete Agreement Lacks Value
Tax Filing Status is not Estate Property
Modification Releases Guarantor
Sanctions against Petitioning Creditors
Changing Life Insurance Beneficiary
President Can’t Stiff his Company
Employees Get Severance Pay
No Protection Against Preferences
Loan Not in Good Faith
Lapsed Corporate Charter Bars Discharge
Lease Assumption Deadline Enlarged
Stock Appreciation Rights Lost
Bank Loses Right to Credit Bid
Breach of Contract Not Discharged
Payment to Subcontractor Recovered
Contract Breach Not Discharged
Bankruptcy to Prevent Successor Liability
When is a Lease Really a Sale?
No Duty to File Bankruptcy Petition
Creditor Acts for Trustee
Pension Rules Prevent Setoff
Tenancy by the Entirety Protection Lost
Bank Claim Waives Arbitration
Suit for Deepening Insolvency
Broad Bankruptcy Release
Letter of Credit outside Bankruptcy
Bankruptcy Reform Arrives
New Day Dawns October 17, 2005
Escrow Remains Outside Bankruptcy
Preference Defense Succeeds
Creditor Enforces Automatic Stay
Bankruptcy Sale Extinguishes Lease
Insider Loans Not Subordinated
Withdrawal of Claim Unsuccessful
Fraud Not Discharged
Creditor Sanctioned for Tardy Dismissal
Right of First Refusal Eliminated
Bankruptcy Trustee Owned Successor Liability Claim
How soon is “Prompt”?
Collateral Returned to Borrower
Bank Thwarts Real Estate Developer
Subcontractor Trumps Bank
One Hand Gives, the Other Hand Takes
You Can Always Pay the Bank
Standby Letter of Credit Creates Preference
Security Interest in Software Unperfected
Employee Termination Improper
Guarantor’s Liability for Rent Capped
Dangerous Dunning Letter
Employee Withholding Unpaid
Member Bankruptcy Dissolves Limited Partnership
Creditors Get Non-Compete Payments
IRS Errors Preclude Collection
Disclosure of Bankruptcy Required
Non-Compete Covenant Survives Bankruptcy
Bank Can Recover Attorney’s Retainer
Bad Debt Deduction Disallowed