Here are a few scenarios collection lawyers face again and again: 1) a business shuts it doors with a mountain of debt and restarts as a new entity with a similar name, 2) a business is insolvent but tells creditors it can pay its bills on time, and 3) a business files for bankruptcy protection after many instances of defrauding creditors. In all three scenarios a lawyer representing a creditor with a claim against the business may well advise his or her client not to pursue the claim, believing the prospects for recovery are too remote. A simple breach of contract action, the typical creditor remedy, will not yield anything. A fraud action is not much better because the debtor is insolvent. And an adversary proceeding in bankruptcy court is not worth the effort. So more often than not the collection lawyer closes the matter and moves on to something more productive. He or she leaves behind an unhappy client and the sinking feeling that a fraudster has escaped justice. It does not have to be this way.

File Type: pdf
Categories: Volume 38 Issue 4
Tags: commercial collection, creditors'rights, RICO
Author: Howard Foster
Cover, CLW Magazine, Vol 38 Issue 4

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