Blogs / Events / Articles / News

Bankruptcy Courts Just Say No to the Marijuana Industry

Despite growing public acceptance of marijuana and the wide-spread passage of state laws legalizing marijuana for medicinal and even recreational purposes, marijuana remains a criminal offense under federal law which presents profound implications for those involved in the marijuana industry who seek the protections of the Bankruptcy Code. Even i...

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Seller Beware! The Ninth Circuit Holds Innocent Sellers Liable for the Return of Misappropriated Company Funds

When a court begins its opinion with the statement that “bad facts make bad law,” you know you are in for a good read. Such was the case with The Ninth Circuit Court of Appeals which recently held that two sellers of real estate and design services were liable for the return of payments alleged to be fraudulent transfers made by the debto...

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The Cookie Crumbles in Baker’s Bid for a § 503(b)(9) Administrative Claim

Under section 503(b)(9) of the Bankruptcy Code, a creditor may recover as a priority administrative expense the value of goods sold to the debtor in the ordinary course of its business that are “received” by the debtor within the twenty-day period before the filing of the bankruptcy petition. The stakes of such a determination are consid...

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Obermayer Adds Bankruptcy Attorney

Obermayer Rebmann Maxwell & Hippel LLP adds Alicia M. Sandoval to the firm’s Creditors' Rights, Bankruptcy and Financial Reorganization Department. She will be based in Obermayer’s Philadelphia office. Sandoval represents businesses in need of restructuring, reorganization, and liquidation.  Representations include secured creditors in Ch...

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Trade Vendor Victory — The Third Circuit Refines Eligibility for Administrative Claims Under § 503(b)(9)

It is hardly news that the seismic shift in buying habits towards travel and experiences and to internet shopping has dealt a devastating blow to many traditional brick and mortar retailers.  Retailers are going bankrupt at a record pace, and 2017 is on track to post the highest number of retail bankruptcies since the Great Recession. Venera...

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Obermayer Attorneys Named To 2017 Pennsylvania Super Lawyers® And Rising Stars Lists

Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that a number of our attorneys were selected for inclusion in 2017 Pennsylvania Super Lawyers®. Obermayer 2017 Pennsylvania Super Lawyers® Bankruptcy Charles M. Golden Business LitigationThomas A. LeonardWilliam J. Leonard Civil Litigation DefenseGary M. Samms Employment &...

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THE SUPREME COURT DISMISSES STRUCTURED DISMISSALS

In a decision all but certain to engender future litigation, the Supreme Court recently held in the case of Czyzewski v. Jevic Holding Corp. that structured dismissals providing for distributions that do not follow the normal priority rules and that do not have the consent of affected creditors are impermissible. Reversing the Third Circuit C...

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JUDICIAL FORECLOSURE SALES ARE IMMUNE TO PREFERENCE CHALLENGES

  The Bankruptcy Court for the Western District of Pennsylvania has recently held that a pre-petition foreclosure of a debtor’s real property, conducted in accordance with state law, is not subject to attack as a preference under 11 U.S.C. § 547.[1]Continue Reading    

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Edmond George Presents at PICPA Forensic & Litigation Services Conference

Obermayer Rebmann Maxwell & Hippel LLP partner Edmond M. George presented, “Litigation Support Services Track: Testimonial Skills Workshop,” at the Pennsylvania Institute of Certified Public Accountants Forensic & Litigation Services Conference.  The conference, aimed at accounting professionals, provided guidance to attendees on devel...

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The End of the Road for TransVantage Solutions, Inc.?

The TransVantage bankruptcy case and the resulting efforts by the Trustee to avoid carrier payments made by the defunct freight payment processor has been watched like an upcoming speed trap by the transportation industry concerned about the vulnerability of this business arrangement in bankruptcy. The more than 500 adversary Complaints filed i...

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